Legal Opinion

Rogers v. Averitt Express, Inc.

District Court, M.D. Louisiana

Decided March 6, 2017No. CIVIL ACTION NO. 15-706-JWD-RLBPublishedCited by 4 opinions

1Opinion of the Court

RULING AND ORDER

JUDGE JOHN W. deGRAVELLES, UNITED STATES DISTRICT COURT

Before the Court is the Motion for Sanctions Based on Spoliation of Evidence brought by defendants Averitt Express, Inc. and Larry Killian (“Defendants”). (Doc. 65.) The motion is opposed by plaintiffs Kyrus Rogers, et al. (“Plaintiffs”). (Doc. 66.) Defendants filed a reply brief. (Doc. 69.) For the reasons which follow, the motion is denied in part and granted in part.

BACKGROUND

This case arises out of an April 18, 2014 accident between a commercial vehicle being driven by defendant Larry Killian (“Killian”) and a vehicle…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Fujitsu Limited v. Federal Express CorporationCourt of Appeals for the Second Circuit · 2001
  3. Mark N. Silvestri v. General Motors Corporation, Dfendant-AppelleeCourt of Appeals for the Fourth Circuit · 2001
  4. Zubulake v. UBS Warburg LLCDistrict Court, S.D. New York · 2003
  5. Anne Anderson v. Cryovac, Inc., Anne Anderson v. Beatrice Foods Co.Court of Appeals for the First Circuit · 1988

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3Cited by4 opinions

  1. In re: B & J IncDistrict Court, W.D. Louisiana · 2022
  2. Kang v. PerriDistrict Court, E.D. New York · 2021
  3. Knott v. Lowe's Home Centers L L CDistrict Court, W.D. Louisiana · 2021
  4. MMR Constructors, Inc. v. JB Group of LA, LLCDistrict Court, M.D. Louisiana · 2025

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