In 2012, another lawyer representing the Dink family claimed Kutkan, who conducted the investigation into Dink's murder, had links to Ergenekon, a shadowy crime network, and accused him of leaking information to the terrorist organization and of spoliation of evidence
in the case.
However, the jury found in favor of plaintiffs on their claim for spoliation of evidence
and awarded $155,000 in compensatory damages but rejected the claim for punitive damages.
Deleting Facebook posts or other social media texts could result in sanctions for physicians or a spoliation of evidence
Moreover, in the 2011 report to the Judicial Conference Advisory Committee on Civil Rules entitled "Motions for Sanctions Based on Spoliation of Evidence
in Civil Cases," Emery G.
This edition has new material on electronic filing, discovery, the duty to prevent spoliation of evidence
(and pertinent rule changes), and coverage of HIPAA standards; added research tips and exhibits for LexisNexis and Westlaw; updated examples of Internet research websites; a new Supreme Court case; updates to the law; new research exercises, forms, and task examples; and more analysis problems, study features, review questions, and Internet applications.
Smith's presentation will address preservation and spoliation of evidence
ISSUE: Was Spoliation of Evidence
a factor in this case?
12) Before and after Pension Committee, courts across the nation have struggled to find a consistent and fair balance, repeatedly confronting questions like: Is the spoliation of evidence
attributable to ordinary negligence sufficient for the imposition of an adverse inference instruction or must there be proof of bad faith?
Dan Dobbs, in his treatise, (71) immediately made the connection between that judicial postulate and the causation problems facing plaintiffs in medical negligence cases, (72) along with liability imposed for the negligent spoliation of evidence
The plaintiffs' second cause of action sought recovery of damages for negligent spoliation of evidence
based upon the destruction of Robert Hillman's records at a time when dr.
Editor's Note: Those readers who either subscribe to or read our sister publications: Medical Law's Regan Report and/or Hospital Law's Regan Report know how often we report on cases involving Spoliation of Evidence
Or, God forbid--don't delete all your software, because that would be spoliation of evidence
," she says.