DiGennaro successful at Sanction Hearing

June 14, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability

Janice DiGennaro successfully defended an attorney at a sanction hearing after the court had previously ruled (prior to Rivkin Radler’s retention) that surveillance video of an accident had been spoliated and had ordered an evidentiary hearing on the issue of sanctions.  Janice secured the deposition and affidavit of a non-party out-of-state witness who established that the surveillance videotape produced in the action was not, in fact, altered/spoliated as plaintiff had alleged, but rather that the surveillance camera was on a motion sensor and that apparent gaps in the recording were part of the  surveillance video when originally recorded.

Janice secured the original master surveillance tape from the non-party’s video archives and was able to demonstrate that both the tape produced and the tape on the archives were identical.

At the evidentiary hearing, plaintiff’s counsel was unable to rebut the evidence located or sustain her burden of proving spoliation, and she was compelled to withdraw the motion.  The court also withdrew the prior order holding that the video had been spoliated.


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