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> Updated cases:
>
> Kirk v. Ford Motor Company, 2005 Ida. LEXIS 112 (Idaho June 23, 2005)
> (updated on Jul/12/2005 06:00 pm EST)
>
> Categories: Spoliation
>
> Summary: Because the plaintiff did not elicit testimony about the
> company's destruction of data relevant to the vehicle's rollover
> propensity, the trial court did not err in declining to give a jury
> instruction that the data could be inferred to be unfavorable to the
> defendant.
>
>
> Cricket's case index updates are prepared by its General Counsel,
> Whitney Adams, with the assistance of John Ascenzo. Cricket welcomes
> your suggestions and information about any important cases in the
> field of computer forensics and e-discovery.
>
> Please contact Ms. Adams at [log in to unmask]



This is a great newsletter as it gives the results of cases involving
records management.  Note that had Mr. Kirk's attorney requested
information about the company's destruction of data relevant to the
vehicle's rollover record, then the judge might have ruled another way.

Since case law has shown that Judges will sometimes alert the jury that
destruction of records can be construed as records that would be
unfavorable to the client, this is good to know.

The lesson here is to make sure your legal counsel knows that you might
be of value in a case where your company is involved as you can provide
some insights that a lawyer may not be aware of.


Hugh Smith
FIRELOCK Fireproof Modular Vaults
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(610)  756-4440    Fax (610)  756-4134
WWW.FIRELOCK.COM

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