Key Insight: Spoliation; duty to preserve
Nature of Case: Civil Rights Title VII – Sexual harassment
Electronic Data Involved: Notebook; earnings records
Keywords: Loss of documents; Spoliation; duty to preserve; Bad Faith; Prejudice
Key Insight: Interference or concealment are not actionable under the tort
Nature of Case: Wrongful termination (sex discrimination), intentional interference/destruction of evidence tort
Keywords: independent tort, intentional interference
Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case
Nature of Case: personal injury, Jones Act
Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history
Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting
Key Insight: A ruling of prejudice requires specificity as to documents. Intent is required for 37(3) sanctions, but courts can reserve the right to impose a lesser sanction after seeing hope evidence is presented at trial.
Nature of Case: Employment dispute
Electronic Data Involved: e-mails
Keywords: Spoliation sanctions, prejudice, specificity
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
Keywords: Spoliation, sanctions
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