Key Insight: spoliation sanctions
Nature of Case: ? 1983 civil rights action
Electronic Data Involved: videos, photographs
Keywords: spoliation, intent to deprive, 37(e)(2),negligence, prejudice 37(e)(1), duty to preserve
Key Insight: whether non-movant acted in bad faith or with the intent to deprive
Nature of Case: personal injury
Electronic Data Involved: surveillance video
Keywords: Eleventh Circuit, crucial, bad faith, usual course of business, broad and far-reaching request
Key Insight: was data not preserved and therefore lost in bad faith?
Nature of Case: breach of contract, tortious business interference, unfair competition, trade secrets law, etc
Electronic Data Involved: Business documents, information about business strategy, clients and products.
Keywords: preservation, bad faith, destroyed data.
Key Insight: Adverse inference instruct sanction correct because party failed to preserve video evidence when overhauling system
Nature of Case: sip and fall, premises liability
Electronic Data Involved: video
Keywords: adverse inference instructions, culpable state of mind, destroying video
Key Insight: Defendants turned in employer owned/funded cell phones a month after litigation filed; was not spoilation and no sanctions given
Nature of Case: Civil Rights Violation
Electronic Data Involved: Cell Phone Records
Keywords: spoilation, duty of preservation
Key Insight: whether a permissive adverse inference instruction should be permitted; if so, whether spoliating party should be permitted to offer evidence to justify spoliation
Nature of Case: sexual harassment/abuse
Electronic Data Involved: hard copy
Keywords: permissive adverse inference, permitting spoliating party to explain, negligent failure to preserve
Key Insight: former employee of defendant ordered coworkers to delete case critical emails, even after litigation hold.
Nature of Case: antitrust, Sherman Act
Electronic Data Involved: email
Keywords: 5 million dollar fee award, clear intent, spoliation, litigation hold, permissive adverse inference.
Key Insight: adequacy of attorney oversight of document production and failure to issue litigation hold
Nature of Case: legal malpractice, breach of contract
Electronic Data Involved: hard copy
Keywords: oral litigation hold, retention policy, spoliation, default judgment, compliance oversight
Key Insight: spoliation, intent to deprive
Nature of Case: Title VII Sex Discrimination
Electronic Data Involved: e-mail
Keywords: sanctions, bad faith, intent to deprive, 37(e)(2), curative measures, 37(e)(1)
Key Insight: loss or destruction of documents and spoliation sanctions
Nature of Case: refusal to hire
Electronic Data Involved: destroyed notes (not specified to be electronic), Excel spreadsheet
Keywords: adverse inference instruction, Fed. R. Evid. 301, Hicks, EEOC
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