Voom HD Holdings LLC v. Echostar Satellite LLC, No. 600292/08 (N.Y. Sup. Nov. 3, 2010)

Key Insight: Court ordered adverse inference for grossly negligent failure to preserve where defendant?s duty to preserve was triggered by its awareness that its decision to terminate an agreement with plaintiff would trigger litigation but where defendant failed to impose a litigation hold until after plaintiff?s complaint was filed and failed to discontinue its automatic deletion of emails which resulted in the loss of relevant emails; court?s analysis included discussion of prior sanctions against defendant for failure to preserve in Broccoli v. Echostar Commc’ns Corp., 229 F.R.D. 506 (D. Md. 2005)

Nature of Case: Breach of contract

Electronic Data Involved: Email