ABC Health Servs., Inc. v. IBM Corp., 158 F.R.D. 180 (S.D. Ga. 1994)

Key Insight: Court denied plaintiff?s motion to dismiss IBM’s counterclaims as sanction for deletion of computer files, since erasure was done before suit was filed and did not amount to willful or bad faith disregard of discovery order or discovery request; court indicated that a jury instruction regarding destruction of documents may be an appropriate lesser sanction

Nature of Case: Breach of contract for development of software

Electronic Data Involved: Computer files containing both project-related documents and purely personal documents