· 10/5/2005
Bryant Flury v. DaimlerChrysler Corp.
Citations
- 427 F.3d 939
- 2005 U.S. App. LEXIS 21515
- 2005 WL 2438380
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court has “broad discretion” to impose sanctions for discovery abuses, including but not limited to the “failure to preserve evidence”
- holding that the plaintiff spoliated evidence by failing to preserve the wrecked vehicle after his attorney had notified the defendant of the accident and ignored the defendant's request to inspect the vehicle
- concluding that “federal law governs the imposition of sanctions for failure to preserve evidence”
- holding that the plaintiff spoliated evidence by failing to preserve the wrecked vehicle after his attorney had notified the defendant of the accident and ignored the defendant’s request to inspect the vehicle
- suggesting that, in making the bad faith determination, the court should “weigh the degree of the spoliator’s culpability against the prejudice to the opposing party”
- finding that prejudice was not cured where the spoliation of the truck “forced experts to use much less reliable means of examining the product’s condition”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Carnes, Fay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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