Data Preservation – Page 15 – Electronic Discovery Law

Camicia v. Cooley, No. 74048-2-I, 2017 WL 679988 (Wash. Ct. App. Feb. 21, 2017)

Dec 01 2017

Key Insight: Where Defendant destroyed potentially relevant tort-claim records pursuant to its record retention schedule during pending litigation among other discovery abuses and where the trial court therefore ordered monetary sanctions for the discovery violations and indicated that it would consider a spoliation instruction, the appellate court concluded that the trial court?s record did not support a finding that ?the City destroyed the evidence in bad faith, knew that the evidence was important to the pending litigation, or had the duty to preserve the evidence? and thus, it was not clear that spoliation had occurred; error was harmless where $10,000 fine was not based on a finding of spoliation

Nature of Case: Tort (bicycling accident)

Storey v. Effingham Cnty., No. CV 415-149, 2017 WL 2623775 (S.D. Ga. June 16, 2017)

Dec 01 2017

Key Insight: For Defendants? negligent (or even reckless) failure to preserve relevant video footage following Plaintiff?s release from jail despite the ?distinct possibility? of litigation in light of the injuries Plaintiff suffered while in custody and his specific threats to sue, the court imposed sanctions to redress the prejudice to Plaintiff and ordered that the court would tell the jury that the video was not preserved and that the parties could present evidence and argument regarding that failure for the jury?s consideration

Electronic Data Involved: Surveillance footage from jail

IBM Corp. v. Naganayagam, No. 15 Civ. 7991 (NSR) (S.D.N.Y., 2017)

Nov 21 2017

Key Insight: spoliation sanctions

Nature of Case: breach of contract

Electronic Data Involved: e-mails, electronic document

Keywords: spoliation, adverse inference, intent to deprive, 37(e)(2), prejudice 37(e)(1)

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Yoe v. Crescent Sock (E.D. Tenn. , 2017)

Nov 14 2017

Key Insight: was there a duty to preserve, were reasonable steps taken to avoid loss of data, can lost data be restored or replaced, was other party prejudiced by loss

Nature of Case: employment law, intellectual property

Electronic Data Involved: unknown

Keywords: spoliation, intent to deprive, relevance of data, measures no greater than necessary to cure the prejudice

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U.S. EEOC v. GMRI (S.D. Fla., 2017)

Nov 01 2017

Key Insight: whether missing evidence is crucial to movant’s case, whether non-movant had intent to deprive

Nature of Case: employment discrimination

Electronic Data Involved: hard copy, email

Keywords: duty to preserve, litigation hold, permissible inference, bad faith

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Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Oct 18 2017

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

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Catrinar v. Wynnestone Communities Corp., et al., No. 14-11872 (E.D. Mich. Sept. 30, 2017)

Sep 30 2017

Key Insight: Plaintiff produced two versions of email (both dated before filing). Defendant argued one was fake and an attempt to bolster Plaintiff’s claim. Court deemed that dismissal was too harsh a sanction and denied dismissal sanction request.

Nature of Case: Family Medical Leave Act Violations

Electronic Data Involved: E-Mails

Keywords: Duplicate E-mail; Dismissal Sanction

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Moody v. CSX Transportation (W.D.N.Y. , 2017)

Sep 21 2017

Key Insight: failure to take reasonable steps to preserve data, prejudice to other party, intent to deprive

Nature of Case: personal injury

Electronic Data Involved: event recorder data: .dat file

Keywords: reasonable steps, adverse inference, relevance of data, event recorder, black box, laptop crash, prejudice, inferred intent to deprive

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Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017)

Sep 20 2017

Key Insight: Plaintiff had kept a journal which was scanned and provided. Original Hard Copy was then destroyed. Judge granted motion for additional deposition time, but denied adverse inference instruction.

Nature of Case: Employment Discrimination; Wrongful Termination

Electronic Data Involved: Hard Copy of Scanned Journal

Keywords: Sanctions, Adverse Inference, Scanned Copy, Hard Copy

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Barry v. Big M Transportation, No. 1:16-cv-00167-JEO, 2017 WL 3980549 (N.D. Ala. Sept. 11, 2017)

Sep 11 2017

Key Insight: Defendant’s failure to preserve the relevant ESI.

Nature of Case: Motor vehicle accident

Electronic Data Involved: Electronic Data/Electronic Control Module (ECM) Vehicle Data Recorder/Black Box and associated data.

Keywords: Spoliation, ECM data

View Case Opinion

Tag:Data Preservation