Electronic Spoliation: Inherent Power—Fraud on Court Requires Clear & Convincing Evidence — Factors — Dismissal Requires Willfulness, Consideration of Less Drastic Sanctions — [No Reference to 37(e), Which Governs]

ComLab Corp. v. Tire, 815 Fed.Appx. 597 (2d Cir. 2020) (unpublished): SUMMARY ORDER Plaintiff-Appellant ComLab, Corp. (“ComLab”) brings this consolidated appeal challenging two judgments of the United States District Court for the Southern District of New York. The first appeal concerns a September 11, 2018 order of the district court (Forrest, J.) granting Defendants-Appellees Kal Tire and ...

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