Capricorn Power Co. v. Siemens Westinghouse Power Corp.

220 F.R.D. 429 (2004)

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Capricorn Power Co. v. Siemens Westinghouse Power Corp.

United States District Court for the Western District of Pennsylvania
220 F.R.D. 429 (2004)

RW

Facts

Capricorn Power Company, Inc. (Capricorn) (plaintiff) sued Siemens Westinghouse Power Corporation (Siemens Westinghouse) (defendant) over a generator that Capricorn had purchased. The United States District Court for the Western District of Pennsylvania declared a mistrial after the testimony of Capricorn’s witness revealed Capricorn’s hitherto-undisclosed possession of evidence, in the form of generator parts and electronically stored information (ESI), that could bolster Siemens Westinghouse’s defense. Siemens Westinghouse petitioned the court to order Capricorn to preserve the missing parts and ESI.

Rule of Law

Issue

Holding and Reasoning (Gibson, J.)

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