Defendant’s Failure to Preserve Surveillance Video Supports Waiver of Investigator’s Fact Work Product
E-Discovery LLC
NOVEMBER 26, 2024
Defendant Kroger moved to quash a subpoena served by the plaintiff, Mr. Whitmore, on a nonparty claims investigator, Sedgwick Claims Service. Because Kroger did not rely on the subpoena rule, Fed.R.Civ.P. Mr. Whitmore issued a subpoena to Sedgwick for email, communications, and video footage regarding the claim. emphasis added].
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