Key Insight: Negligence or even gross negligence is not necessarily bad faith and thus not spoliation
Nature of Case: Product liability
Electronic Data Involved: Car electronic data
Keywords: truck, bad faith, salvage yard, spoliation, sword, shield
Key Insight: Sanctions denied against defendant because text messages were available from a different source, sanctions denied against plaintiff because documents were not under plaintiff’s control
Nature of Case: Fair Labor Standards Act (failure to pay overtime wages)
Electronic Data Involved: Text messages
Keywords: FLSA, Sefket, CBA,
Key Insight: Plaintiff requested Defendant run 72 “spelling variations” of 5 terms allowed by prior court order. Court denied and allowed 20, but did not apply sanctions yet.
Nature of Case: Libel/Slander
Electronic Data Involved: Various ESI
Keywords: search terms; sanctions; cooperation
Key Insight: personnel file related to settlement and claims handling was ordered to be produced with some confidentiality and redactions to protect personal information of adjuster.
Nature of Case: bad faith
Electronic Data Involved: adjusters personnel file
Keywords: personnel file
Key Insight: Party that does not dispute it spoliated ESI should be sanctioned
Nature of Case: consumer protection class action
Electronic Data Involved: deleted electronic records
Keywords: spoliation sanctions, deleted electronic records
Key Insight: Defendant produced in format requested by Plaintiff. Plaintiff filed motion to compel on grounds documents not matched up to requests. Due to burden on Defendant and lack of prejudice to Plaintiff, Defendant not required to change format of production.
Nature of Case: Breach of Contract
Electronic Data Involved: ESI Production
Keywords: Format; ordinary course of business
Key Insight: Rule 37 does not directly address destruction of video footage.
Nature of Case: prisoner suicide
Electronic Data Involved: video footage, emails, text messages
Keywords: destruction video, spoliation video
Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)
Nature of Case: workplace discrimination, disability rights
Electronic Data Involved: unspecified electronic records
Keywords: Rule 37(e) ignored,
Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith
Nature of Case: patent infringement / misappropriation of trade secrets
Electronic Data Involved: deleted electronic records
Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence
Key Insight: Sanctions not found because VHS degrades naturally and missing reports were not proven relevant
Nature of Case: false arrest
Electronic Data Involved: video VHS, lost original tape, paper documents
Keywords: 37(e) ignored, lost original tape, missing reports, culpable state of mind
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