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Breach of Duty › Spoliation

Morris James LLP

Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

Morris James LLP on

Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more

Kennedys

Does a party to litigation have a common law duty to preserve evidence in Florida?

Kennedys on

“Spoliation is defined as ‘[t]he destruction, or significant and meaningful alteration of [evidence],’…or ‘the failure to preserve property for another’s use as evidence in pending’ or reasonably foreseeable litigation.”...more

White and Williams LLP

Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

White and Williams LLP on

In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - June 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

In a case of first impression, the Court of Chancery held recently that officers, like directors, owe their companies a duty of oversight, although the scope of that will vary with their responsibilities. Two other Chancery...more

Saul Ewing Arnstein & Lehr LLP

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Saul Ewing Arnstein & Lehr LLP on

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

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