Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required
Nature of Case: Negligence-car accident
Electronic Data Involved: Daily Driving Reports
Keywords: Preservation; Spoilation; Due Diligence
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: application of spoliation sanctions occurring in past matters
Nature of Case: product liability
Electronic Data Involved: electronic records, e-mails
Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: Preservation orders should be commenced as soon as possible
Nature of Case: Discovery
Electronic Data Involved: E-mail
Keywords: Litigation hold, Preservation, Sanctions
Identified State Rule(s): North Carolina Rules of Civil Procedure 26(g), 37(b)(2)
Key Insight: Retention policy; Summary Judgment; Adverse inference; Spoliation
Nature of Case: Slip and Fall
Electronic Data Involved: ESI; Security video; Correspondence
Keywords: Retention policy; Summary Judgment; Adverse inference; Spoliation; Bad Faith
Key Insight: Spoliation; duty to preserve
Nature of Case: Civil Rights Title VII – Sexual harassment
Electronic Data Involved: Notebook; earnings records
Keywords: Loss of documents; Spoliation; duty to preserve; Bad Faith; Prejudice
Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal
Nature of Case: Employment Discrimination
Electronic Data Involved: Cell Phone Video
Keywords: Negligent Spoilation; Perjury; Sanctions
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