Managed Care Solutions, Inc. v. Essent Healthcare, Inc., 2010 WL 3368654 (S.D. Fla. Aug. 23, 2010)

Key Insight: Where the defendant was negligent in its failure to preserve potentially relevant emails and attachments by failing to timely issue a litigation hold and where those emails and attachments were lost as the result of an automatic deletion pursuant to defendant?s document retention policy, the court denied plaintiff?s motion for spoliation sanctions where the court determined the evidence was not ?crucial? to plaintiff?s case and where there was no direct or circumstantial evidence of bad faith; court noted that the ruling did not foreclose the possibility that plaintiff could introduce evidence of defendant?s failure to retain relevant documents at trial

Nature of Case: Breach of contract

Electronic Data Involved: Emails and attachments