Archive - January 9, 2018

White v. U.S., No. 4:15-cv-01252-SNLJ (E.D. Mo. Jan. 9, 2018)

Jan 09 2018

Key Insight: Sanctions under 37(e) may be delayed until proof that the evidence is irretrievably lost is obtained

Nature of Case: Wrongful death

Electronic Data Involved: Video evidence

Keywords: Spoliation, video, adverse inference, recovery

Jan 09 2018

Key Insight: Court narrowed scope of some plaintiff requests and ordered defendant to clarify privilege claims on withheld documents

Nature of Case: bad faith; insurance coverage

Electronic Data Involved: claims file of insurer

Keywords: privilege; responsiveness