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Date: 02-03-2025
Case Style:
Case Number: 56-CV-20-2928
Judge: Not Available
Court: District Court, Otter Tail County, Minnesota
Plaintiff's Attorney:
Defendant's Attorney:
Description: Fergus Falls, Minnesota, personal injury lawyer represented the Plaintiff on defamation per se, intentional infliction of emotional distress (IIED), and civil conspiracy theories.
In 2020, appellants Craig and Marie Stevenson brought claims of defamation per se, intentional infliction of emotional distress (IIED), and civil conspiracy against respondents Sean Stevenson, Renee Stevenson, Lisa Stevenson-Allen, and Ashley Anderson.[1] The district court granted summary judgment to respondents and dismissed all of appellants' claims in June 2023.
Appellants appealed that dismissal.
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Legal issue Can a district court tax costs against a party for actions such as spoliation of evidence, unnecessary expert reports, or unidentifiable witnesses, and issue a judgment nunc pro tunc?
Headnote
CIVIL PROCEDURE. COSTS AND DISBURSEMENTS. The appeal concerns whether the district court abused its discretion by taxing costs and disbursements against appellants, including costs incurred due to alleged spoliation and perjury by respondents, motion fees, discovery-related costs, and an allegedly unnecessary expert report.
CIVIL PROCEDURE. NUNC PRO TUNC JUDGMENTS. The case examines whether the district court abused its discretion by entering judgment nunc pro tunc to correct a clerical delay in entering judgment, and whether this action was justified or prejudicial to appellants' rights.
Key Phrases Costs and disbursements judgment. Intentional spoliation of evidence. Independent medical examination. Nunc pro tunc judgment. Expert forensic technology report.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: