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FRCivP 37(e)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Jones v. Riot Hospitality Group LLC (9th Cir. 2024) 95 F.4th 730

The district court did not abuse its discretion in awarding terminating sanctions under FRCivP 37(e) against plaintiff for intentionally deleting (and getting her friends to delete) text messages about the case from their cellphones. There was substantial evidence that plaintiff acted intentionally to destroy the text messages and deprive defendant of their contents.  And lesser sanctions would not remedy that… Read More