Guzman v. Jones
Docket Number | 15-40007 |
Decision Date | 22 October 2015 |
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141 cases
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SCF Waxler Marine LLC v. M/V Aris T
...law, "[s]poliation of evidence ‘is the destruction or the significant and meaningful alteration of evidence.’ " Guzman v. Jones , 804 F.3d 707, 713 (5th Cir. 2015) (quoting Rimkus Consulting Grp., Inc. v. Cammarata , 688 F. Supp. 2d 598, 612 (S.D. Tex. 2010) ). "[A] party seeking the sancti......
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Mont. State Univ.-Bozeman v. Mont. First Judicial Dist. Court
...alteration, destruction, or failure to preserve evidence for use by an adversary in pending or future litigation. Guzman v. Jones , 804 F.3d 707, 713 (5th Cir. 2015) ; Silvestri v. Gen. Motors Corp. , 271 F.3d 583, 590 (4th Cir. 2001) ; West v. Goodyear Tire & Rubber Co., 167 F.3d 776, 779 ......
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Pandya v. Marriott Hotel Servs., Inc.
...faith "generally means destruction for the purpose of hiding adverse evidence." Tesoriero , 965 F.3d at 1184 (quoting Guzman v. Jones , 804 F.3d 707, 713 (5th Cir. 2015) ); see also Mann v. Taser Int'l, Inc. , 588 F.3d 1291, 1310 (11th Cir. 2009).Likewise, to obtain an adverse inference ins......
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Flores v. Harris
...has notice that the evidence is relevant to the litigation or should have known that the evidence may be relevant." Guzman v. Jones, 804 F.3d 707, 713 (5th Cir. 2015) (citing Rimkus Consulting Grp., Inc. v. Cammarata, 688 F. Supp. 2d 598, 612 (S.D. Tex. 2010)). Spoliation is "the destructio......
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1 firm's commentaries
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Spoliation Of Evidence In Texas ' 2019 Update
...the innocent party. The finding required for an adverse inference jury instruction is "bad faith" or "bad conduct." Guzman v. Jones, 804 F.3d 707, 713 (5th Cir. 2015). Federal law applies the same standards in criminal cases. A notable difference from the Texas standard is that the jury may......