Key Insight: duty to preserve, spoliation sanctions
Nature of Case: labor dispute
Electronic Data Involved: metadata, accountant summary, notebook pages, loose sheet records
Keywords: adverse inference instructions, prejudice, reasonably anticipate litigation, culpable state of mind
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.
Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy
Electronic Data Involved: Forensic Image of Laptop
Keywords: forensic image; date-limited, third party
Key Insight: A court must view video evidence before ruling on its admissibility, generally
Nature of Case: Workplace accident
Electronic Data Involved: Video
Keywords: Video evidence
Key Insight: Requested ESI must be proportional to damages
Nature of Case: TCPA do-not-call
Electronic Data Involved: Email
Keywords: Class action, proportional, TCPA
Key Insight: A discovery dispute itself is not necessarily bad faith
Nature of Case: Insurance coverage litigation
Keywords: bad faith, discovery, expert witness
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Keywords: Backup tapes, proportionality, catastrophic failure
Key Insight: Due diligence is req’d to preserve ACP. Merely CCing counsel is not sufficient.
Nature of Case: Contract
Electronic Data Involved: E-mails
Keywords: counsel communications
Key Insight: whether spoliation justifies issuance of summary judgment on the merits
Nature of Case: product design defect
Electronic Data Involved: charcoal grill
Keywords: failure to preserve, summary judgment, degree of prejudice, intent, lesser sanctions
Key Insight: Safe harbor, since it was destroyed long before the suit was filed or foreseeable
Nature of Case: Products liability
Electronic Data Involved: ESI design information
Keywords: Spoliation sanctions
Identified State Rule(s): 12 O.S. 2011 ? 3237(G)
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