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GN NETCOM, INC. v. PLANTRONICS, INC.

No. 18-1287.

930 F.3d 76 (2019)

GN NETCOM, INC., Appellant, v. PLANTRONICS, INC.

United States Court of Appeals, Third Circuit.

Filed: July 10, 2019.

Attorney(s) appearing for the Case

Daniel F. Jacobson , Elisabeth S. Theodore [ARGUED], Arnold & Porter Kaye Scholer, 601 Massachusetts Avenue, N.W., Washington, DC 20001, Counsel for Appellant.

Jack B. Blumenfeld , Morris Nichols Arsht & Tunnell, 1201 North Market Street, 16th Floor, P.O. Box 1347, Wilmington, DE 19899, Jon S. Dean [ARGUED], Russell Hayman , McDermott Will & Emery, 2049 Century Park East, Suite 3800, Los Angeles, CA 90067, Counsel for Appellee.

Before: SMITH, Chief Judge, McKEE and FISHER, Circuit Judges.

OPINION OF THE COURT

GN Netcom, Inc. filed an antitrust lawsuit against competitor Plantronics, Inc. Plantronics executives deleted emails relevant to the litigation and instructed others to do the same. Many of these emails were unrecoverable, prompting GN to move for default judgment under Federal Rule of Civil...

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