Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.
Nature of Case: declaratory judgment and bad faith
Electronic Data Involved: underwriters claim file
Keywords: admissability; proportionality; extrinsic evidence
Key Insight: To what extent can a party be punished for spoliation under Rule 37(e)? How much does state of mind at the time of spoliation affect the sanction?
Nature of Case: Legal malpractice
Electronic Data Involved: e-mails, electronically-stored records
Keywords: Spoliation sanctions, innocence
Key Insight: Limiting the scope of discovery requests for full social media account history
Nature of Case: personal injury
Electronic Data Involved: Facebook account history
Keywords: social media, Facebook, proportionality, burdensome discovery
Key Insight: Sanctions for spoliation of evidence resulting from good faith destruction of cell phone
Nature of Case: labor violations
Electronic Data Involved: text messages
Keywords: spoliation, smartphone, intent to deprive
Key Insight: Disclosing legal advice to third parties that need to know via email maintains attorney client privilege
Nature of Case: class action
Electronic Data Involved: archived email
Keywords: timeliness, third parties need to know, attorney client privilege
Identified State Rule(s): Ca. Evidence Code 952
Key Insight: Spoliation sanctions denied because the documents still exist, and were only transferred.
Nature of Case: False representation of a company to others and the public
Electronic Data Involved: information from a computer and shared drive
Keywords: Transferrence of ESI, spoliation sanctions,
Key Insight: no duty to preserve
Nature of Case: Assault
Electronic Data Involved: video tape recording, audio recordings
Keywords: spoliation, no duty to preserve
Key Insight: Failure to issue a litigation hold, misrepresentation that a hold had been issued, spoliation of evidence, attorney fee award.
Nature of Case: water-protection law violation
Electronic Data Involved: Not specified. However, likely, email and other electronic records.
Keywords: spoliation, litigation hold, lodestar calculation, special master.
Key Insight: Sanction and adverse inference inappropriate because nothing lost/destroyed was highly probative
Nature of Case: Excessive force
Electronic Data Involved: emails, reports
Keywords: adverse inference
Key Insight: Whether FRCP 37(e) applies where the duty to preserve does not arise out of the anticipation or conduct of litigation, whether sanctions issued under a court’s inherent power were appropriate
Nature of Case: False Claims Act
Electronic Data Involved: country of origin data
Keywords: Country of Origin documentation, adverse inference, Trade Agreements Act, inherent power, overwrite, direct proof or disproof
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