Data Preservation – Page 24 – Electronic Discovery Law

Keim v. ADF Midatlantic LLC, No. 12-CV-80577-MARRA/MATTHEWMAN, 2016 WL 7048835 (S.D. Fla. Dec. 5, 2016)

Dec 01 2016

Key Insight: Defendant brought a motion for sanctions under Fed. R. Civ. P 37(e)(1) alleging Plaintiff failed to preserve text messages on his cell phone. The text messages at issue were dated in February and March of 2011, while Plaintiff admitted that he anticipated bringing suit on or before October 1, 2011. In his deposition, Plaintiff testified that ?he deletes most of his text messages and does not ?keep them around that long,?? and after carefully reviewing Plaintiff?s deposition transcript, it was ?clear to the court that Plaintiff is utterly confused and uncertain of anything related to the existence or deletion of the February to March 2011 text messages.? The court found that (i) it was possible that the text messages at issue were deleted before a duty to preserve arose; (ii) the ESI was not ?lost because a party failed to take reasonable steps to preserve it;? and (iii) the evidence could not be discovered from other sources. Defendant?s motion for sanctions was denied.

Electronic Data Involved: Text messages

Benefield v. MStreet Entm?t, LLC, No. 3:13-cv-1000, 2016 WL 374568 (M.D. Tenn. Feb. 1, 2016)

Dec 01 2016

Key Insight: Where, despite a request from Plaintiff?s counsel to preserve all communications between plaintiff and defendants or their employees AND Defendants? OWN REQUEST that Plaintiff preserve information from her cellular phones, Defendants failed to preserve potentially relevant text messages, the court rejected defendants? arguments that ?due to the nature of text message communications and the cellular devices they are stored on?a requirement to preserve text messages from private cellular phones is unduly burdensome and an invasion of privacy? and found that the messages should have been preserved and indicated that a ?spoliation instruction to the jury? would be given at trial but declined to preclude defendants? reliance on plaintiff?s text messages at trial or to order defendants to pay fees and cost associated with the extraction of plaintiffs? text messages from her own phone

Nature of Case: Employment

Electronic Data Involved: Text messages

McQueen v. Aramark Corp. – 201611 (D. Utah, 2016)

Nov 29 2016

Key Insight: Sanctions imposed after defendant’s failure to preserve relevant ESI after receiving a preservation letter from plaintiff.

Nature of Case: Wrongful death.

Electronic Data Involved: ESI work orders and related paper records.

Keywords: Defendant acted with gross negligence, but without intent to deprive the plaintiff of the information’s use in the litigation.

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Davis v. Crescent Electric Company et al. (D. S.D., 2016)

Oct 12 2016

Key Insight: NDA adequately protects confidential and/or privileged information during forensic examination

Nature of Case: employment discrimination

Electronic Data Involved: email

Keywords: forensic examination

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Reyes et al. v. Julia Place Condominiums Homeowners Association, Inc., et al. (E.D. La., 2016)

Oct 07 2016

Key Insight: no adverse inference for inadvertent destruction of evidence

Nature of Case: Fair Debt Collection Practices Act (FDCPA)

Electronic Data Involved: ledgers

Keywords: condo association

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Trude v. Glenwood State Bank (Min. App., 2016)

Sep 08 2016

Key Insight: sanctions affirmed for discovery violations including using data wiping software to delete files

Nature of Case: repossession

Electronic Data Involved: deleted electronic records

Keywords: earth moving equipment repossession, deleted computer files, data wiping

Identified State Rule(s): Minnesota Rule of Civil Procedure 60.02

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First American Title Insurance Company v. Northwest Title Insurance Agency, LLC, No. 2:15-cv-00229-DN-PMW (D. Utah, Aug. 31, 2016).

Aug 31 2016

Key Insight: no spoliation becuase no evidence responsive data deleted and no prejudice. Oral litigation hold upheld, but be wary.

Nature of Case: Breach of Contract; Unfair Competition

Electronic Data Involved: Various ESI- personal emails, files from work computer

Keywords: oral litigation hold; spoliation

Teledyne Technologies, Inc. v. Shekar (N.D. Ill., 2016)

Aug 22 2016

Key Insight: all counterclaims dismissed and attorneys’ fees paid for willful contempt

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: computer files

Keywords: severe sanctions

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Trude et al. v. Glenwood State Bank, et al., Nos. A15-0378, A15-1863, A15-1864 (Minn. App. Aug. 15, 2016)

Aug 15 2016

Key Insight: Plaintiff failed to respond to discovery requests. Plaintiff also used data wiping software hours before turning computer over for forensic examination. Defendant granted default judgment.

Nature of Case: Repossession/Ownership

Electronic Data Involved: Files on Computer

Keywords: default judgment, contempt, data wipe

Emergency Response Specialists, Inc v. CSA Ocean Sciences, Inc N.D. Ala. August 4, 2016 (UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION, 2016)

Aug 04 2016

Key Insight: lost evidence, data preservation

Nature of Case: breach of contract

Electronic Data Involved: destroyed electronic records of experts

Keywords: Case dismissal applicable only in extreme circumstances, defensible collection

View Case Opinion

Tag:Data Preservation