Re: Request for record concerning boating accident Disposition: Affirming district court's grant of summary judgment to defendant
- Litigation Considerations, Adequacy of Search: The court finds that "[t]he district court appropriately granted summary judgment to [defendant] on this claim." The court rejects plaintiff's argument that "[defendant's] failure to retain voice tapes and emails should stand as proof that [defendant's] search for such responsive documents was inadequate" because the court finds that "[t]he lack of responsive documents does not signal a failure to search."
Adequacy of Search
Court of Appeals
Updated August 6, 2014