Post Process

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Posts Tagged ‘Hawaiian Airlines’

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 »

Airline blames executive’s “porn purge” for deletion of evidence

Posted by rjbiii on September 26, 2007

Uh oh. This isn’t good:

Mesa Air Group said yesterday its chief financial officer went to great lengths to permanently delete computer data sought by Hawaiian Airlines to cover up his interest in pornography.

In an evidentiary hearing held yesterday before Hawaiian’s lawsuit against Mesa goes to trial, the operator of the interisland airline go! said it discovered that CFO Peter Murnane had been browsing adult Web sites.

It also said Murnane was solely responsible for deleting data from his three computers and that the company had given to Hawaiian all the deleted data.

How far did Mr. Murnane allegedly go in his cover-up attempts? A computer forensics expert explains:

Jefford Englander, a computer forensics expert from Phoenix-based Lightstone Solutions, spent about 90 minutes on the stand yesterday detailing how he uncovered multiple instances of deleted files that he could not identify. He also uncovered signs the computer clock had been manipulated — including files that appeared to have been modified before they were created.

Now, to be sure, this all must be substantiated. Mr. Murnane has his own side to the story, and as everyone knows, things aren’t always what they seem. But it doesn’t look good.

Posted in Articles, Computer Forensics, Employee Practices, Spoliation | Tagged: , , | Leave a Comment »