Viramontes v. U.S. Bancorp, 2011 WL 291077 (N.D. Ill. Jan. 27, 2011)

Key Insight: Court rejected plaintiff?s assertion that her January 22, 2009 letter to human resources put defendants on notice of its duty to preserve where the letter complained about her manager but did not threaten litigation and instead suggested ?a non-litigious resolution,? where plaintiff testified that she had no intention of suing at the time she sent the letter, where plaintiff waited over ten months after sending the letter to bring the instant litigation, and where the manager?s testimony that he thought the letter could give rise to legal ramifications was not sufficient to trigger the corporation?s duty to preserve

Nature of Case: Failure to accomodate, retaliation in violation of ADA

Electronic Data Involved: Emails