A Pennsylvania federal judge denied all parties' motions for summary judgment in a slip-and-fall suit, determining that while Burlington was liable for failing to preserve pertinent video evidence, ...

Michael Laszlo, Theodore Laszlo Jr. In Terra Management Group v. Keaten the Colorado Supreme Court held on June 23 that a “court may sanction a party for the destruction of relevant evidence if the ...

The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing ...

Navigating the timing and scope of an individual’s or entity’s duty to preserve information (including ESI, hard copy documents, and other tangible items) in any particular matter is both critical and ...

The practice of placing reliance upon recordings in initial fact finding exercises and interview notes of appointed investigators in an effort to establish gross misconduct warranting summary ...