BEARD RESEARCH, INC. v. KATES

Civil Action No. 1316-VCP.

981 A.2d 1175 (2009)

BEARD RESEARCH, INC. and CB Research & Development, Inc., Plaintiffs, v. Michael J. KATES, ASDI, Inc., Advanced Synthesis Group, Inc., Alan Blize, Garry Smith, Michael Wagaman, Stephen Jones, and Pfizer, Inc., Defendants.

Court of Chancery of Delaware.

Decided: May 29, 2009.


Attorney(s) appearing for the Case

R. Karl Hill, Esquire, Patricia P. McGonigle, Esquire, Seitz, Van Ogtrop & Green, P.A., Wilmington, Delaware, Attorneys for Plaintiffs.

John A. Elzufon, Esquire, Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, Delaware, Attorneys for Defendants Michael J. Kates, Garry Smith, Michael Wagaman, Steven Jones, and Advanced Synthesis Group, Inc.

Barry M. Willoughby, Esquire, John W. Shaw, Esquire, Elena C. Norman, Esquire, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware, Attorneys for Defendants ASDI, Inc. and Alan Blize.


OPINION

PARSONS, Vice Chancellor.

This action is currently before me on Plaintiffs' motion for sanctions for alleged spoliation of evidence. In particular, Plaintiffs contend that an ex-employee's laptop computer was irretrievably altered after a duty to preserve that evidence had arisen and that the ex-employee and his subsequent employers are responsible for that alteration. By way of remedy, Plaintiffs urge this Court to grant a default judgment in their...

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