Dong Ah Tire & Rubber Co., Ltd. V. Glasforms, Inc., 2009 WL 1949124 (N.D. Cal. July 2, 2009)

Key Insight: Stating ?Taishan did not even come close to making reasonable efforts to carry out its preservation of materials??, court ordered adverse inference and monetary sanctions (attorney?s fees and costs) for third-party defendant?s failure to preserve relevant evidence in violation of its litigation related duty to preserve and, in some instances, in violation of its own document retention policies

Nature of Case: Breach of contract (non-conforming goods)

Electronic Data Involved: ESI