Tenn. Man Says Sanctions Unwarranted In Vape Battery Suit
Law360 (December 22, 2020, 10:49 PM EST) -- A man suing Samsung over an allegedly defective e-cigarette battery has asked a Tennessee federal judge to reject the company's bid for spoliation sanctions, saying his expert didn't intentionally destroy the batteries involved in the explosion.
James G. Howard said Monday that Samsung failed to prove the criteria for spoliation, which involves knowingly ruining evidence that the side considers to be potentially harmful. Instead, he argued that the batteries were already destroyed by the time his expert got them due to the initial explosion that led to the suit's filing.
Samsung claimed in November that Howard's expert, Eric Dix, did his...
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