Oros & Busch Application Techs., Inc. v. Terra Renewal Servs., Inc., No. 4:12CV00959 ERW, 2014 WL 897405 (E.D. Mo. Mar. 6, 2014)

Key Insight: Court denied defendant’s motion for sanctions with leave to re-file later, where record did not show conduct by plaintiff to destroy or conceal evidence in an effort to suppress the truth, and record did not support the requisite finding of prejudice to defendant; court further denied plaintiff’s motion to strike counterclaims that were based on plaintiff?s alleged destruction of ESI, since it could not be said that the counterclaims could not succeed under any circumstances

Nature of Case: Tortious interference with contract, civil conspiracy

Electronic Data Involved: ESI stored on former employee’s laptop and external hard drive