Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"
Holding that good cause is shown where evidence sought "may be consumed or destroyed with the passage of time, thereby disadvantaging one or more parties to the litigation"
Noting that rescission is an equitable remedy where the primary obligation is to undo the original transaction and restore the former status of the parties
Looking at irreparable injury, some probability of success on the merits; some connection between the expedited discovery and the avoidance of irreparable injury; and some evidence that the injury that will result without expedited discovery looms greater than the injury the defendant will suffer if the expedited relief is granted
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"