Jackson Kelly PLLC

Anticipation of Litigation Advisor

Anticipation of Litigation Advisor

August 27, 2019

By: Sarah A. Phipps and Whitney G. Clegg

Third Circuit Highlights the Importance of E-Discovery Expert in a Civil Action Disrupted by Spoliation

On July 10, 2019, in GN Netcom, Inc. v. Plantronics, Inc.,[1] the United States Court of Appeals for the Third Circuit granted a motion for a new trial based upon the lower court’s refusal to allow the testimony of an electronic discovery expert regarding the significance of the opposing party’s spoliation of electronically stored information (“ESI”).[2]  This decision indicates the importance of using an e-discovery expert in cases where spoliation has occurred and a permissive adverse inference instruction has been awarded as a sanction against the offending party.  (Click here to read more.)


A Cautionary Tale About the Importance Of Staying On Top Of Emails Madison v. United States Dept. of Labor 924 F.3D 941 (7th CIR. May 24, 2019)


After Mary was fired from her warehousing job at Mars, Inc. in 2013, she filed a complaint with OSHA claiming she was fired in retaliation for blowing the whistle on food safety issues.  After an investigation, the OSHA investigator dismissed her complaint in February 2016. (Click here to read more.) 



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