Hester v. Bayer Corp., 206 F.R.D. 683 (M.D. Ala. 2001)

Key Insight: After case was removed to federal court, defendant obtained order vacating state court’s entry of ex parte preservation order requiring defendant to “suspend all routine destruction of documents, including but not limited to, recycling back-up tapes, automated deletion of e-mail, and reformatting hard drives,” compliance with which defendant estimated to cost $50,000/month

Nature of Case: Product liability

Electronic Data Involved: Documents and information in paper or electronic format