· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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