Archive - October 2009

Court Denies Request for Adverse Inference Absent Demonstration that Lost Emails were Favorable to Plaintiff

Oct 08 2009

Scalera v. Electrograph Sys., Inc., 2009 WL 3126637 (E.D.N.Y. Sept. 29, 2009)

Despite finding that “Defendants have unquestionably breached a duty to preserve emails in this case,” the court denied plaintiff’s motion for an adverse inference instruction where “Plaintiff ultimately failed to demonstrate that any destroyed emails would have been favorable to her position.”

No Reasonable Expectation of Privacy for Emails Transmitted through Employer’s Server and thus, No Privilege

Oct 02 2009

Leor Exploration & Prod., LLC v. Aguiar, 2009 WL 3097207 (S.D. Fla. Sept. 23, 2009)

In this case, the court overruled the determination of the special master and held that defendant had no reasonable expectation of privacy as to emails transmitted through plaintiff’s server and thus, no attorney-client privilege as to those communications.