adverse inference instruction (Delaware) · Go Syfert
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adverse inference instruction in Delaware

10 Delaware opinions name it 3 courts 2001–2025 4 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Sears, Roebuck and Co. v. Midcapgreen
del · 2006 · cited in 3 Delaware opinions naming this issue, 2011–2025
2 sentences

2025“An adverse inference is appropriate where a party fails to preserve evidence while being consciously aware of a substantial and unjustifiable risk that the information will be lost, and the failure results in prejudice to the opposing party.” 56 This includes conduct such as affirmative deletion or failure to suspend automatic deletion settings after a duty to preserve has attached.57 The court need not find direct evidence of intent to destroy specific exculpatory evidence to enter adverse inferences.58 Rather, adverse inferences are appropriate where “a litigant 55 Defs.’ Supplemental Br. ¶

2025At a minimum, Defendants are entitled to their fees and costs. “[W]hen a party fails to comply with discovery orders of the Court or otherwise engages in discovery abuses, the award of attorneys’ fees and expenses to the opposing party is mandatory, absent a showing by the wrongdoer that his actions were substantially justified or that other circumstances make the award unjust.”54 52 Pls.’ Opposition Br. ¶¶ 21-22, 32, 43-45. 53 See also Sears, Roebuck & Go. v. Midcap, 893 A.2d 542, 552 (Del. 2006)(holding that an adverse inference instruction is proper where evidence was destroyed intentionall

33
Goldstein v. Dennergreen
delch · 2024 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025“An adverse inference is appropriate where a party fails to preserve evidence while being consciously aware of a substantial and unjustifiable risk that the information will be lost, and the failure results in prejudice to the opposing party.” 56 This includes conduct such as affirmative deletion or failure to suspend automatic deletion settings after a duty to preserve has attached.57 The court need not find direct evidence of intent to destroy specific exculpatory evidence to enter adverse inferences.58 Rather, adverse inferences are appropriate where “a litigant 55 Defs.’ Supplemental Br. ¶

11
Beard Research, Inc. v. Katesgreen
delch · 2009 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025“An adverse inference is appropriate where a party fails to preserve evidence while being consciously aware of a substantial and unjustifiable risk that the information will be lost, and the failure results in prejudice to the opposing party.” 56 This includes conduct such as affirmative deletion or failure to suspend automatic deletion settings after a duty to preserve has attached.57 The court need not find direct evidence of intent to destroy specific exculpatory evidence to enter adverse inferences.58 Rather, adverse inferences are appropriate where “a litigant 55 Defs.’ Supplemental Br. ¶

11
Bader v. Fishergreen
del · 1986 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Fin., LLC v. Barnes and Noble Educ., Inc., 2020 WL 1527784 , at *11 (Del. Ch. Mar. 30, 2020) (quoting Bader v. Fisher, 504 A.2d 1091, 1096 (Del. 1986)).

11
Ebersole v. Lowengrubgreen
del · 1962 · cited in 1 Delaware opinions naming this issue, 2023–2023
1 sentence

2023Shortly after the termination of the Contract, the Homeowners, through 14 Id. at 3 (emphasis added). 15 Opposition to Counterclaim Plaintiffs’ Motion for Partial Summary Judgment at 2 (Transaction ID 67705072). 16 Ebersole v. Lowengrub, 180 A.2d 467, 468-69 (Del. 1962) (“Under no circumstances…will summary judgment be granted when, from the evidence produced, there is a reasonable indication that a material fact is in dispute.

11
Cloroben Chemical Corp. v. Comegysgreen
del · 1983 · cited in 1 Delaware opinions naming this issue, 2020–2020
1 sentence

2020Moreover, depending on the outcome of Plaintiff’s pending motion for sanctions, she may be entitled to an adverse inference instruction that Castillo did not apply his brakes at all. 24 21 Cloroben Chemical Corp. v. Comegys, 464 A.2d 887, 891 (Del.

11
Eustice v. Rupertgreen
del · 1983 · cited in 1 Delaware opinions naming this issue, 2020–2020
2 sentences

2020Super. 1983) (quoting Eustice v. Rupert, 460 A.2d 507, 509 (Del. 1983)). 22 Jardel, 523 A.2d at 531 . 23 Eustice, 460 A.2d at 509 . 24 Plaintiff has a pending motion for sanctions against Castillo and Baldor for failing to preserve data from the Engine Control Module (ECM), which is a vehicle’s “black box” that records speed, braking, and similar driver functions.

2020Super. 1983) (quoting Eustice v. Rupert, 460 A.2d 507, 509 (Del. 1983)). 22 Jardel, 523 A.2d at 531 . 23 Eustice, 460 A.2d at 509 . 24 Plaintiff has a pending motion for sanctions against Castillo and Baldor for failing to preserve data from the Engine Control Module (ECM), which is a vehicle’s “black box” that records speed, braking, and similar driver functions.

11
Joan M. Callahan v. Fred Schultzgreen
ca11 · 1986 · cited in 1 Delaware opinions naming this issue, 2018–2018
1 sentence

2018Compare Callahan v. Schultz, 783 F.2d 1543, 1545 (11th Cir. 1986) (holding that “[u]nder the adverse inference rule, we hold the district court was justified in denying the government’s motion to dismiss[]” where government failed to produce exhibits it claimed would justify dismissal); Richtek Tech.

11
Wainwright v. Stategreen
del · 1986 · cited in 1 Delaware opinions naming this issue, 2001–2001
1 sentence

2001Supr., 504 A.2d 1096, 1100 (1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
The Honorable Karen Weldin Stewart, CIR-ML, Insurance Commissioner v. Wilmington Trust SP Services, Inc. green
delch · 2015
1 sentence

2024“Courts have applied the sole actor exception where the agent committing the fraud was the sole stockholder of the corporation, or otherwise ‘dominated’ the corporation.” Stewart, 112 A.3d at 310 .

12024–2024
McCloskey v. McKelvey green
delsuperct · 1961
1 sentence

2023Ct. May 21, 2020) (citing McCloskey, 174 A.2d at 693 ). 7 The Delaware Supreme Court set forth the standard for when an adverse inference instruction regarding spoliation is appropriate in its 2006 decision in Sears, Roebuck, & Co. v. Midcap.

12023–2023
Jardel Co., Inc. v. Hughes green
del · 1987
1 sentence

2020Super. 1983) (quoting Eustice v. Rupert, 460 A.2d 507, 509 (Del. 1983)). 22 Jardel, 523 A.2d at 531 . 23 Eustice, 460 A.2d at 509 . 24 Plaintiff has a pending motion for sanctions against Castillo and Baldor for failing to preserve data from the Engine Control Module (ECM), which is a vehicle’s “black box” that records speed, braking, and similar driver functions.

12020–2020
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2006Daubert v. Merrell Dow Pharm., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). 29 .

2006Daubert v. Merrell Dow Pharm., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). 29 .

12006–2006

Where else courts name it

NY 129 (1979–2026) CT 60 (1978–2026) PA 33 (1989–2026) TX 26 (1991–2024) MI 25 (1995–2026) NJ 23 (2001–2026) NV 20 (2004–2022) IL 16 (1992–2025) MO 15 (1987–2019) AZ 12 (2013–2024) DE 10 (2001–2025) CA 9 (2005–2023) CO 8 (1995–2025) WA 7 (2011–2023) SD 6 (1998–2022) ND 6 (1974–2014) WV 6 (1999–2017) DC 5 (1991–2019) MA 5 (1999–2018) IA 4 (2013–2021) AL 4 (1990–2012) OH 4 (2005–2026) OK 3 (2016–2022) MD 3 (1999–2016) NE 3 (1985–2021) FL 3 (2012–2021) LA 3 (1984–2007) TN 2 (2002–2022) IN 2 (1986–2026) NH 2 (1999–2009) UT 2 (2017–2023) KY 2 (2002–2006) GU 2 (2025–2025) NC 2 (2018–2025) VI 2 (2007–2013) NM 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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