Lamb v. Cordero

1 Citing case

  1. Buster v. Bd. of Cnty. Comm'rs for Lincoln Cnty.

    21-cv-01208 MLG/JHR (D.N.M. Aug. 30, 2024)

    ” Browder, 187 F.Supp.3d at 1294; Lamb v. Cordero, No. 1:22-CV-00485-WJ-LF, 2024 WL 2890539, at *2 (D.N.M. June 10, 2024), report and recommendation adopted, No. 1:22-CV-00485-WJ-LF, 2024 WL 3226753 (D.N.M. June 27, 2024) (noting spoliated evidence “is presumed to be unfavorable to the party responsible for its destruction”). When considering spoliation sanctions, courts assess 1) the culpability of the party who lost or destroyed the evidence and 2) whether the loss or destruction of the evidence actually prejudiced the opposing party.