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· 7/7/1904

Chadwick v. Wiley

Citations

  • 131 F. 1003
  • 1904 U.S. Dist. LEXIS 241

Syllabus

<p>1. Collision — Steamer and Sailing Vessel Meeting — Change of Course by Steamer.</p> <p>A schooner held not chargeable with contributory fault for a collision with a steamer, brought about by the gross fault of the latter in changing her course so as to cross the schooner’s bows when they were approaching nearly head on, on the ground that she should have luffed, where there was very little time for such maneuver after the steamer was seen to change her course, and no certainty that it would then have avoided the collision.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that courts can issue adverse inference instructions for both spoliation and non-production of evidence
  • holding employer had obligation to preserve relevant evidence on employee’s laptop at least as early as its receipt of employee’s second EEOC charge alleging employment discrimination
  • explaining that in order to impose sanctions under its inherent power, a court must find that a plaintiff has acted in “bad faith, vexatiously, wantonly, or for oppressive reasons”
  • declining to find a presumption of assistive relevance where the contents of a laptop were erased as part of the company’s procedure
  • rejecting the defendant’s “attempts to rationalize its actions” by arguing that although destruction of laptop data “was intentional,” it was “part of its normal business practice,” explaining that a “a good faith explanation does not absolve a party of its culpability”
  • ordering when a responding party argued that 26 the requested records (1) are irrelevant; (2) never existed; (3) are not subject to the production 27 because of confidentiality; (4) do not exist in the form sought; and (5) existed but were destroyed, 1 appropriate

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas

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