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KEARNEY v. FOLEY & LARDNER, LLP

No. 07-55566.

582 F.3d 896 (2009)

Joan Brown KEARNEY, Plaintiff-Appellant, v. FOLEY & LARDNER, LLP; Gregory V. Moser; Larry L. Marshall; Michael McCarty, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2009.

Amended September 18, 2009.

Attorney(s) appearing for the Case

Joseph J. Wheeler, Jill M. Sullivan, Chapin Wheeler LLP, San Diego, CA, for the appellant.

Seth M. Galanter, Michael V. Sachdev, Morrison & Foerster LLP, Washington, D.C., Mark C. Zebrowski, Morrison & Foerster LLP, San Diego, CA, for appellees Foley & Lardner LLP, Larry L. Marshall, and Gregory V. Moser.

Daniel R. Shinoff, Paul V. Carelli, IV, Stutz Artiano Shinoff & Holtz, APC, San Diego, CA, for appellee Michael T. McCarty.

Before HARRY PREGERSON and CYNTHIA HOLCOMB HALL, Circuit Judges, and DAVID ALAN EZRA, District Judge.

ORDER

The Opinion filed on May 12, 2009, is amended as follows: on the slip opinion at page 5653, insert a semicolon following "Marshall." At page 5658, place a period after "we affirm the district court" and delete the balance of the sentence. On page 5672, delete section "a. Spoliation of Evidence" and replace it with:

a. Spoliation of Evidence

Spoliation of evidence is the "destruction or significant alteration of evidence, or the failure to...

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