Eckhardt v. Bank of Am., N.A., 2008 WL 1995310 (W.D.N.C. May 6, 2008)

Key Insight: Where plaintiff established through deposition testimony that discoverable documents existed which had not been produced, but court found no bad faith, court declined to give adverse inference instruction and instead allowed plaintiff to seek missing documents from backup tapes and to corroborate substance of any missing documents from witnesses where documents themselves could be recovered

Nature of Case: Alleged violations of Americans with Disabilities Act

Electronic Data Involved: Email; backup tapes