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Civil Procedure Keyed to Yeazell
Mueller v. Swift
Citation:2017 WL 3058027 (D. Colo. 2017)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant Swift alleged that Plaintiff intentionally and inappropriately touched her buttocks. The next day, Defendant KYGO called him in for a meeting to discuss the incident, which Plaintiff secretly recorded. After the meeting, Defendant KYGO fired Plaintiff. Plaintiff contacted an attorney and substantially edited the recording. Plaintiff sent only the edited clips of the recording to his attorney. Plaintiff sued Defendants, alleging tortious interference. The Defendants requested an unedited copy of the recording. Plaintiff testified that he broke his laptop by spilling coffee on it and that his external hard drive on which he stored files stopped working. Therefore, Plaintiff did not produce the entire recording. The Defendants requested that the court sanction Plaintiff for his spoliation of evidence, in the form of adverse-inference jury instructions.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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