Data Preservation – Page 24 – Electronic Discovery Law

Marten Transp. Ltd. v. Platform Advertising, Inc., No. 14-cv-02464-JWL-TJJ, 2016 WL 492743 (D. Kan. Feb. 8, 2016)

Dec 01 2016

Key Insight: Court denied motion for spoliation sanctions where, although a general duty to preserve arose in 2013, the duty to preserve the internet history of the at-issue employee did not arise until June 2015, which was after the employee had been moved to a different work station

Nature of Case: Trademark infringement, unfair competition

Electronic Data Involved: Internet history

Barnett v. Deere & Co., No. 2:15-CV-2-KS-MTP, 2016 WL 4544052 (S.D. Miss. Aug. 31, 2016)

Dec 01 2016

Key Insight: Applying 5th Circuit common law (but acknowledging the outcome of the motion would not change under recently-amended Rule 37(e)), the court declined to impose sanctions for the destruction of relevant documents pursuant to Defendant?s document retention policy at a time when there was no duty to preserve and, in its discussion of bad faith, noted that the court ?does ?not draw an inference of bad faith when documents are destroyed under a routine policy??

Nature of Case: Product liability

Electronic Data Involved: ESI, including committee minutes and product testing documents

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