Ericksen v. Kaplan Higher Ed., LLC, No. RDB-14-3106, 2016 WL 695789 (D. Md. Feb. 22, 2016)

Key Insight: Where forensic examination revealed that immediately prior to that examination Plaintiff had run ?several ?optimizer? or ?data destruction programs?? that destroyed ?some data? the court found that Plaintiff acted willfully and, addressing Defendant?s request for dismissal, cited newly amended Rule 37(e) for the proposition that the ?Court need impose ?measures no greater than necessary to cure the prejudice?? and ordered that Plaintiff would be precluded for presenting evidence that Defendants?because of her actions?could not confirm as authentic but reasoned that dismissal was not necessary

Nature of Case: Employment discrimination

Electronic Data Involved: ESI