Cytec Carbon Fibers LLC v. Hopkins, No. 2:11-0217-RMG-BM, 2012 WL 6044778 (D.S.C. Oct. 22, 2012)

Key Insight: Where defendant lost relevant text messages while trying to transfer them to from his phone to his computer during the time when he had an obligation to preserve them, court found that the loss was negligent?a level of culpability sufficient to impose sanctions?and that a reasonable factfinder could conclude that the messages would have supported Plaintiff?s claims and found that ?an adverse inference instruction is the most appropriate sanction to be imposed?

Nature of Case: Fraud, RICO, unfair trade practices and related claims

Electronic Data Involved: Text messages