Post Process

Everything to do with E-discovery & ESI

Case Blurb: Ed Donnelly Ents., Inc.; Denying request for Adverse Inference Instruction

Posted by rjbiii on September 3, 2007

Plaintiffs request for an adverse inference instruction based on defendant’s failure to produce evidence was denied by the court because the destruction of evidence made before notice of litigation did not provide the court with any foundation to infer that the missing evidence was adverse to defendant. O’Brien v. Ed Donnelly Ents., Inc., 2006 WL 2583327 (S.D. Ohio) (citing Joostberns v. United Parcel Servs., Inc., 166 Fed. Appx. 783, 796 (6th Cir. 2006)).

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