Philips North America v. Image Tech Conslt

Case: 25-10549 Document: 91-1 Page: 1 Date Filed: 05/15/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 15, 2026 No. 25-10549 ____________ Lyle W. Cayce Clerk Philips North America, L.L.C.,

Plaintiff—Appellee, versus

Image Technology Consulting, L.L.C.; Marshall R.

Shannon; Image Technology Consulting II, L.L.C.;

Axiom Imaging Solutions, Incorporated,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CV-147 ______________________________

Before Elrod, Chief Judge, and Willett and Wilson, Circuit Judges.

Per Curiam: *

Having carefully considered the briefing, the record, and the oral arguments of counsel, we conclude that the district court did not abuse its discretion in granting Philips’s motion for spoliation sanctions and awarding damages. We AFFIRM substantially for the reasons stated in the district court’s thorough November 4, 2024 Memorandum Opinion and Order. We Case: 25-10549 Document: 91-1 Page: 2 Date Filed: 05/15/2026

No. 25-10549 also AFFIRM the dismissal of the counterclaims brought by Image Technology Consulting, LLC and Shannon.