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Roberts v. Christie’s Great Estates, Inc.

Roberts v. Christie’s Great Estates, Inc.

Case Date: 03/30/2016
Citation: Roberts v. Christie's Great Estates, Inc., Case No. 2009CA040545, 2016 Fla. Cir. LEXIS 5049 (Fla. 15th Cir. Ct. Mar. 30, 2016)
Court Type: Florida State Court
Court: Circuit Court
Judge: Judge: Meenu Sasser
Issues:

Plaintiffs moved for an adverse inference instruction sanction for spoliation after Defendants submitted 20,000 emails without the corresponding attachments.

Resolution:

The Court denied Plaintiffs’ motion for an adverse inference instruction. Under the Fourth District Court of Appeal’s spoliation test, Plaintiffs could not prove that the evidence existed, as Plaintiffs merely speculated that the missing attachments amounted to evidence of spoliation. Further, Plaintiffs did not show the evidence was crucial to the prima facie case, since there was still production of over 275,000 non-objectionable documents. Additionally, Plaintiffs could not prove that the missing attachments amounted to an intentional destruction of evidence.

E-Discovery Issues: Adverse Inference, Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Sanctions, Spoliation
E-discovery subjects: Email

Published: January 25th, 2018

Category: Uncategorized


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