Key Insight: Court used a spoliation test non-specific to electronic discovery, spoliation not found due to one defendant not in control of the evidence and the other destroying the evidence without bad faith and not when litigation was reasonably foreseeable
Nature of Case: Collision
Electronic Data Involved: ECM data
Keywords: ECM, electronic control module, spoliation
Key Insight: Discovery requests must be proportional; limited to scope/time frame
Nature of Case: Wrongful termination, defamation
Electronic Data Involved: E-mails, text messages
Keywords: Retaliation, discrimination, Louisiana Office of Alcohol and Tobacco Control
Key Insight: Defense was allowed to ask neutral questions about destruction of SDM data, even without intent to deprive, without using FRCP 37(e).
Nature of Case: Product liability
Electronic Data Involved: SDM data
Keywords: SDM, sensory diagnostic module, spoliation, class action
Key Insight: whether the loss of a cell phone can give rise to an adverse inference re location data
Nature of Case: insurance fraud
Electronic Data Involved: lost cell phone
Keywords: spoliation; adverse inference
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