January 27, 2020 – Electronic Discovery Law

Nguyen v. Costco Wholesale Corporation (S.D. Fla 2020)

Jan 27 2020

Key Insight: Defendant had no duty to preserve the allegedly spoliated video for the almost two years before the filing of the lawsuit because there was no indication Plaintiffs intended to pursue litigation. Plaintiffs failed to present evidence indicating the allegedly spoliated video was relevant to this litigation which would trigger a duty to take reasonable steps to preserve it. No sanctions are warranted.

Nature of Case: Slip and Fall Liability, Personal Injury

Electronic Data Involved: Surveillance Video

Case Summary

Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)

Jan 27 2020

Key Insight: spoliation of video evidence requested by plaintiff

Nature of Case: Slip and fall liability

Electronic Data Involved: Surveillance camera footage

Keywords: spoliation, surveillance, sanctions

View Case Opinion

Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Jan 27 2020

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

View Case Opinion

Archive - January 27, 2020