Tag Archives: Spoliation Sanctions

Client and Counsel Sanctioned More Than $2.5 million for ‘Amateur Hour’ Discovery Ineptitude

By Edward J. Jacobs and David Choi on March 14, 2023 Posted in Case Summaries

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Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in fact, lacks the expertise and competence to oversee a defensible discovery effort. This counsel instead subjected the court to a self-described “inner circle of judicial … Continue Reading

Your Request for Spoliation Sanctions Could Get You Sanctioned

By Jonathan A. Forman on October 10, 2013 Posted in E-Discovery Rules, Spoliation

We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes — although perhaps not frequently enough — baseless and abusive motions are punished. Recently, in Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY), Judge Shira A. Scheindlin … Continue Reading