By Doug Austin
\r\n
In NuVasive, Inc. v. Madsen Med., Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. July 22, 2015), California Chief District Judge Barry Ted Moskowitz granted the defendants’ motion for adverse inference sanctions for failure to preserve text messages from four custodial employees that were key to the case.
\r\n
Case Background
\r\n
In this contractual dispute, the defendants sought sanctions in the form of an adverse inference jury instruction for the plaintiff’s failure to preserve evidence,…
Related Stories
- Despite Failure to Implement a Litigation Hold, Defendant Escapes Sanctions: eDiscovery Case Law
- Court Denies Motion for Sanctions Against Veterinary Hospital for Spoliation of ESI: eDiscovery Case Law
- Court States that Duty to Meet and Confer is Not an “Empty Formality”, Denies Request for Sanctions: eDiscovery Case Law
