Ferrell v. Childress

How courts have described this case

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

• noting that spoliation creates a 9 “dilemma” because “there is no way to know what the spoliated evidence would have 10 revealed”
• requiring the party requesting fees to submit detailed documents supporting its request and to share a cope with opposing counsel
• finding willful suppression of evidence when a party hid highly relevant and clearly discoverable evidence and repeatedly was not forthcoming with evidence
• noting 16 these “two sources of authority” for imposing spoliation sanctions
• declining to impose terminating 6 sanctions against plaintiff even though “the risk of prejudice to Defendant is great” and 7 plaintiff had history of discovery violations because “there is an appropriate less drastic 8 sanction that can be imposed”
• “the applicable standard of proof for spoliation in the Ninth Circuit appears to be 11 by a preponderance of the evidence”

Source: CourtListener parenthetical corpus (CC0).