Key Insight: failing to produce ESI in native format with associated metadata.
Nature of Case: Civil action for deprivation of rights
Electronic Data Involved: PDF documents
Keywords: Metadata, native format, ESI in native format
Key Insight: Spoliation, failure to issue Litigation Hold,
Nature of Case: 1983 Civil Rights
Electronic Data Involved: Hard copy, video, telephone recordings
Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve
Key Insight: Automatically deleted police dash cam footage is considered spoliated when a serious injury occur s during arrest.
Nature of Case: excessive use of force during arrest
Electronic Data Involved: police dash cam video and audio footage
Keywords: dash camera, police, spoliation
Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.
Nature of Case: Rule 37(e) analysis of the defendant’s actions
Electronic Data Involved: Video Clips, CCTV and VDR
Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL
Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed
Nature of Case: excessive force – prison
Electronic Data Involved: cell phone pictures
Keywords: work image on personal cell phone
Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: deleted photographs
Keywords: sand, egregious
Key Insight: whether sanctions are appropriate where data on tracking device subject to automatic deletion which occurred before spoliation notice
Nature of Case: personal injury – vehicle accident
Electronic Data Involved: electronic control module (ECM)
Keywords: tracking device
Key Insight: whether failure to provide text messages talked was spoliation of evidence
Nature of Case: employment discrimination
Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages
Keywords: text messages, forensic imaging of cell phone, spoliation
Key Insight: Plaintiff lost access to Facebook, subsequently regained access and then deleted while case was pending summary judgment. Defendant was granted adverse inference jury instruction, not dismissal requested.
Nature of Case: Discrimination, Retaliation and Unjust Dismissal
Electronic Data Involved: Facebook Account Records
Keywords: Facebook, Spoilation, Deletion, Access
Key Insight: Defendant changed phones and with them photos of fire were lost. Plaintiff requested sanctions due to loss of photos. Court rejects sanction as Defendant could not have known about litigation when phones changed.
Nature of Case: Breach of Contract; Fraud
Electronic Data Involved: Cell Phone Photos
Keywords: spoilation; sanctions
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