Belgarde v. Askim
Belgarde, individually and on
behalf of their minor children,
Kenneth Carl Belgarde, Patrice
Belgarde, and Ricky Belgarde, Jr., Plaintiffs and Appellants
v.
Floyd Askim, Defendant and Appellee
and
the Minot Housing Authority, Defendant
Judge Gary A. Holum
| Appellant: | Ackre Law Firm | |
| Appellee: | Farhart Wolff, P.C. | |
| Appellant: | Larry Michel Baer |
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Did the District Court abuse its discretion in the exercise of its inherent power to sanction parties to a civil action for spoliation of evidence? Considerations to be considered in evaluating the imposition of the harsh sanction of dismissal include:br> - Culpability or State of Mind of the party against whom sanctions are being imposed;
- A finding of prejudice against the moving party, and the degree of this prejudice, including the impact it has on presenting or defending the case;
- The availability of less severe alternative sanctions.
Appellee's Statement of the Issues:
Whether the District Court abused its discretion when it dismissed the Belgardes' complaint as a sanction for disposing of the stove.
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