Post Process

Everything to do with E-discovery & ESI

Archive for the ‘D. Hawaii’ Category

Case Blurb: Hawaiian Airlines; Factors to Consider before Imposing a Default or Dismissal Sanction

Posted by rjbiii on November 13, 2007

A default or dismissal sanction can be imposed only based upon a finding of willfulness, fault, or bad faith. In addition, the court should consider: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its dockets; (3) the risk of prejudice to the party seeking sanctions; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.

A list of factors like this one “amounts to a way for a district judge to think about what to do, not a series of conditions precedent before the judge can do anything, and not a script for making what the district judge does appeal proof.”

In re Hawaiian Airlines, Inc., 2007 WL 3172642 (Bkrtcy. D.Hawaii October 30, 2007).

Posted in 9th Circuit, Case Blurbs, D. Hawaii, Default Judgment, Dismissal of Case | Tagged: , , | Leave a Comment »

Case Blurb: Hawaiian Airlines; Purpose of spoliation doctrine

Posted by rjbiii on November 13, 2007

The spoliation doctrine serves various purposes. One set of purposes is evidentiary and remedial: as a matter of common sense, it is reasonable to assume that, when a person destroys evidence, the evidence was unfavorable to that person; and when evidence is destroyed that might have benefitted one party, it is appropriate to impose a sanction that restores the evidentiary status quo. The second category is prophylactic and punitive: spoliation sanctions deter others who might be tempted to destroy evidence and uphold the integrity of the judicial process.

In re Hawaiian Airlines, Inc., 2007 WL 3172642 (Bkrtcy. D.Hawaii October 30, 2007).

Posted in 9th Circuit, Case Blurbs, D. Hawaii, Sanctions, Spoliation | Tagged: , , | Leave a Comment »