Spanish Peaks Lodge, LLC v. KeyBank National Assoc., No. 10-453, 2012 WL 895465 (W.D. Pa. Mar. 15, 2012)

Key Insight: Acknowledging the ?flexible and fact-specific? nature of the question of reasonable forseeability, the court addressed several possible triggers for the duty to preserve but ultimately determined that plaintiffs had not demonstrated that the duty to preserve was reasonably foreseeable at the time defendant implemented its document retention policy or that defendant should have reasonably anticipated litigation and therefore denied plaintiffs? motion for spoliation sanctions