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]
- Joseph Hage Aaronson
- September 6, 2020
- Complex Lit Blog
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 v. Tire, 815 Fed.Appx. 597 (2d Cir. 2020) (unpublished):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 ...