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Panel reviews verdict and spoliation rulings in DigiNovations dispute
Summary
Appellants argued the jury heard a claim without proof of an executed restrictive covenant and said spoliation sanctions and an adverse‑inference instruction improperly shifted burdens; DigiNovations said the verdict rests on independent fiduciary and tort findings and urged affirmation.
"May it please the court," Justin Engel told the panel, opening for the appellants in DigiNovations v. Veil. Engel said the plaintiff never produced a copy of the alleged restrictive covenant and that no witness testified the appellants had assented to or signed such an agreement. He argued the adverse‑inference instruction and spoliation sanctions improperly allowed the jury to infer an agreement that lacked…
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