finding that the defendant’s spoliation was strong evidence against it where one of the defendant’s employees destroyed only the parts of certain documents that would have been relevant to the litigation
How later courts described this case
- finding that the defendant’s spoliation was strong evidence against it where one of the defendant’s employees destroyed only the parts of certain documents that would have been relevant to the litigation
- presenting a question of damage limits and upholding $2,000,000 in punitive damages against CBS, $1,000,000 in presumed damages against CBS and $50,000 against the reporter
- a court and a jury are entitled to presume that documents destroyed in bad faith while litigation is pending would be unfavorable to the party that has destroyed the documents
- "The grant or denial of a preliminary injunction will be reversed only where the district court abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact."
Written by the judges who cited it.
The opinion
C. A. 7th Cir. Motion of Capital Cities/ABC, Inc., et al. for leave to file a brief as amici curiae granted. Certiorari denied.