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· 9/20/2006

Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation, Mauricio A. Leon, M.D. v. Idx Systems Corporation, a Vermont Corporation

Citations

  • 464 F.3d 951
  • 25 I.E.R. Cas. (BNA) 1
  • 18 Am. Disabilities Cas. (BNA) 784
  • 2006 U.S. App. LEXIS 23820
  • 88 Empl. Prac. Dec. (CCH) 42,522
  • 2006 WL 2684512

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 must make a finding of “willfulness fault or bad faith” for dismissal or default to be proper
  • holding that the district court 13 must make a finding of “willfulness fault or bad faith” for dismissal or 14 default to be proper
  • holding that inquiry into prejudice looks to whether the spoiling party’s actions impaired the non-spoiling party’s ability to go to trial or threatened to interfere with the rightful decision of the case
  • noting that the plaintiffs “deletion and ‘wiping’ of 2,200 files, acts that were indisputably intentional, amounted to willful spoliation of relevant evidence”
  • noting that Ninth Circuit applies same test under Rule 37 as it does under inherent authority
  • noting that deposition of the purported spoiler and 15 an evidentiary hearing took place before the district court decided the motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson, Tashima, Callahan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.