Woodlands Dev. LLC v. Regions Bank, 141 So.3d 357 (La. Ct. App. 2014)

Key Insight: Trial court abused its discretion in dismissing Defendant?s case where there was no evidence that Defendant?s document retention policy (which gave employees discretion to determine which emails should be saved and deleted the remainder after 90days) was operated in bad faith and where the potentially relevant emails were already deleted by the time suit was filed, thus lessening (if not eliminating) the impact of the delay in issuing a litigation hold

Nature of Case: Declaratory judgment action brought by promissory note maker and guarantors against note holder

Electronic Data Involved: Email