Citizens for Consumers v. Abbott Labs., 2007 WL 7293758 (D. Mass. Mar. 14, 2007)

Key Insight: Where plaintiff Nevada admitted its negligence in failing to institute a litigation hold which resulted in the loss of information (which the court stated was ?the same as destroying them?) and where the loss was prejudicial to the defendants because of their inability to discovery ?marginalia or annotations? or introduce Nevada?s copies of the documents, among other things, the court granted defendants? request to establish certain facts for purposes of the litigation

Nature of Case: Claims that defendants defrauded Nevada by manipulating average wholesale prices of prescription drugs

Electronic Data Involved: ESI