At Exterro’s inFusion conference this week, one of the themes that cropped up several times was the importance of preparation and precision, both in crafting discovery requests and in objections. As the participating judges and other experts made clear, the
Continue Reading Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2).
In this fraud case between an employee and employer, the plaintiff filed motion
Continue Reading Case Law Alert: Deleted Text Messages = No Adverse Inference Because No Intent