Key Insight: Without application of Rule 37(e), the court applies an adverse inference sanction.
Nature of Case: Civil Rights
Electronic Data Involved: security camera recordings
Keywords: Adverse inference, spoliation, sanctions, video
Key Insight: Spoliation rule jury instruction for destruction of physical object inappropriate because no intention or bad faith present.
Nature of Case: Landlord Tenant Dispute over CO levels from furnace
Electronic Data Involved: No ESI, application of FRCP 37(e) for guidance
Keywords: ESI spoliation instructions, intentional loss or bad faith, application of FRCP 37(e) in state court
Key Insight: loss or destruction of documents and spoliation sanctions
Nature of Case: refusal to hire
Electronic Data Involved: destroyed notes (not specified to be electronic), Excel spreadsheet
Keywords: adverse inference instruction, Fed. R. Evid. 301, Hicks, EEOC
Key Insight: spoliation, intent to deprive
Nature of Case: Title VII Sex Discrimination
Electronic Data Involved: e-mail
Keywords: sanctions, bad faith, intent to deprive, 37(e)(2), curative measures, 37(e)(1)
Key Insight: sanctions
Nature of Case: class action
Electronic Data Involved: source code
Keywords: sanctions, material misrepresentation, attorney’s fees, expert fees, costs, inherent authority
Key Insight: Party failed to take reasonable steps to preserve ESI, but since plaintiff never made a proportionate measure request to cure the prejudice, and since defendant made good faith attempts to provide access, no spoliation is found.
Nature of Case: breach of fiduciary duty, defamation, trademark
Electronic Data Involved: QuickBook files in digital form + other documents
Keywords: spoliation sanctions, good faith attempt, proportionate measure
Key Insight: spoliation, adverse inference
Nature of Case: breach of fiduciary duty, defamation
Electronic Data Involved: QuickBook files
Keywords: adverse inference, intent to deprive, spoliation, spoliation factors, sanctions
Key Insight: Judges should weigh lesser sanctions before dismissing a case, but are not required to.
Nature of Case: Breach of Contract, Torts
Electronic Data Involved: Tax and bank statements
Keywords: failure to respond, discovery sanctions, discovery misconduct
Key Insight: ESI does not need to be produced if it is from sources not reasonably accessible on account of undue burden or cost.
Nature of Case: medical fees
Electronic Data Involved: medicare documents, etc
Keywords: undue burden, not reasonably accessible, third party requests
Key Insight: No produced emails were from the Mayor. Mayor’s deposition not necessary or proportional to needs of the case.
Nature of Case: employment discrimination and retaliation
Electronic Data Involved: Over 6,500 emails and attachments produced by defendant.
Keywords: Relevant and proportional, proportionality, mere conjecture and conclusory statements.
Copyright © 2022, K&L Gates LLP. All Rights Reserved.