December 2011 – Page 21 – Electronic Discovery Law

Silverman v. United States, 2011 WL 65487 (M.D.N.C. Jan. 7, 2011)

Dec 01 2011

Key Insight: Where pursuant to defendant?s document retention policy the form at issue was subject to retention until February 4, 2007, and where defendant provided notice of his claims on February 1, 2007, including his assertions of defendant?s negligence, court found destruction of the relevant form warranted an adverse inference establishing that defendant negligently loaded the trailer involved in the underlying accident

Nature of Case: Negligence

Electronic Data Involved: ESI

Makeen v. Comcast of Colo. X, LLC, 2011 WL 93728 (D. Colo. Jan. 11, 2011)

Dec 01 2011

Key Insight: Court denied motion for sanctions for defendant?s loss of server logs where the court determined that the logs were of minimal relevance to plaintiff?s claims and where the logs ?rolled over? in the usual course of business prior to the trigger of defendant?s duty to preserve

Nature of Case: Violation of FMLA and ADA, employment discrimination, intentional infliction of emotional distress

Electronic Data Involved: Server logs

Archive - December 2011