Legal Opinion

Fines v. Ressler Enterprises, Inc.

North Dakota Supreme Court

Decided August 21, 2012No. 20110357PublishedCited by 13 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Sheryl Fines appeals from a judgment dismissing her action against Ressler Enterprises, Inc., doing business as Res-sler Siding and Windows (Ressler). Fines argues the district court abused its discretion in dismissing her action against Res-sler as a sanction for spoliation of evidence. She contends dismissal was not appropriate because the court erred in determining Ressler was prejudiced by the destruction of the evidence and the court failed to consider the availability of less severe sanctions. Under the facts of this case, we conclude the district court did not…

2Cases cited12 opinions

  1. Micron Technology, Inc. v. Rambus Inc.Court of Appeals for the Federal Circuit · 2011
  2. Marrocco v. General Motors Corp.Court of Appeals for the Seventh Circuit · 1992
  3. Graves v. DaleyAppellate Court of Illinois · 1988
  4. Bass-Davis v. DavisNevada Supreme Court · 2006
  5. Patton v. Newmar Corp.Supreme Court of Minnesota · 1995

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3Cited by13 opinions

  1. Khaldei v. KaspievDistrict Court, S.D. New York · 2013
  2. Khaldei v. KaspievDistrict Court, S.D. New York · 2013
  3. Ihli v. LazzarettoNorth Dakota Supreme Court · 2015
  4. Cumberland Insurance Group v. Delmarva PowerCourt of Special Appeals of Maryland · 2016
  5. Simmons v. Cudd Pressure ControlNorth Dakota Supreme Court · 2022

8 more not listed; retrieve them via the Exa API.

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