What Sanctions Should Be Imposed for Spoliation?
In , No. 70756-6-I (Wash. Ct. App. April 6, 2015), the Washington Court of Appeals affirmed the trial court's finding of spoliation by defendant Avco Corp. and, more importantly, its imposition of devastating sanctions, including the deeming of all of plaintiff Paul Thomas Crews' allegations admitted and the striking of all of the defendant's affirmative defenses.
May 04, 2015 at 08:00 PM
9 minute read
In Crews v. Avco, No. 70756-6-I (Wash. Ct. App. April 6, 2015), the Washington Court of Appeals affirmed the trial court's finding of spoliation by defendant Avco Corp. and, more importantly, its imposition of devastating sanctions, including the deeming of all of plaintiff Paul Thomas Crews' allegations admitted and the striking of all of the defendant's affirmative defenses. The reasoning provided by the court, both on and below the surface, is compelling, but runs contrary to trending legislative and judicial pronouncements.
In Crews, a rented plane crashed, killing the pilot, her 10-year-old daughter and a family friend. The pilot's husband, the plaintiff in the case, sued for injuries and wrongful death, naming multiple defendants involved in the manufacture and care of the plane. The friend's estate also brought suit against the same defendants and named the pilot's estate as an additional defendant. The plaintiffs alleged that engine failure, in particular a faulty carburetor, caused the plane crash. The defendants included the corporation that manufactured and sold the plane's engine, as well as the corporation that installed a new “carburetor float” in the engine in 1999. The plaintiffs alleged that the floats were defective, that a faulty one was responsible for the plane crash, and that the co-defendants were aware the floats were defective but withheld this information and failed to warn about the defects. Avco asserted several affirmative defenses.
The plaintiffs made numerous discovery demands and eventually moved to compel production of documents responsive to their requests. Avco opposed. The family friend's estate countered that Avco withheld documents reflecting its role in testing, reviewing, approving and certifying the carburetor float. As support, the plaintiff attached a series of emails between the engine and carburetor manufacturer's employees “reflecting” Avco's “knowledge of defects” in the floats. The friend's estate obtained these emails in discovery produced by the carburetor manufacturer. “The subject line of the [emails] was 'Plastic Float Leaking — Concerns,'” according to the opinion. The emails discussed the problems with the floats, Avco's concern regarding these problems, and how the carburetor manufacturer monitored the situation and discussed the problems with Avco.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAn Employer's Rule 34 'Possession, Custody and Control' Over ESI on 'BYOD' Devices
Trending Stories
- 1Trump and Latin America: Lawyers Brace for US's Hardline Approach to Region
- 2Weil Advances 18 to Partner, Largest Class Since 2021
- 3People and Purpose: AbbVie's GC on Leading With Impact and Inspiring Change
- 4Beef Between Two South Florida Law Firms Deepens With Suit Over Defamation
- 5Judge Skips Over Sanctions in Talc Bankruptcy: 'That’s A No'
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250