Cartwright v. Scheels All Sports, Inc., —P.3d—, 2013 WL 3007776 (Mont. June 18, 2013)

Key Insight: Trial court did not err in failing to sanction Defendant for destruction of Plaintiff?s emails and other data following his termination where Plaintiff failed to make any showing of ?an attempt to conceal evidence or bad faith? and where the emails were discarded pursuant to a ?pre-existing and routine practice? before Defendant had knowledge of potential litigation (pending administrative proceeding for unemployment benefits did not put Defendant on notice that Plaintiff?s files would become relevant to a civil proceeding)

Nature of Case: Wrongful discharge

Electronic Data Involved: Emails and other data on work computer