Key Insight: 4 deleted messages were lost, as they could not be recovered from other defendants
Nature of Case: right to surf free from harassment
Electronic Data Involved: text messages
Keywords: spoliation, duty to preserve
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: Rule 37(e) governs, an expert may not opine on what a party may/may not or should/should not have done
Nature of Case: Products liability
Electronic Data Involved: business documents
Keywords: Expert, 37(e), spoliation sanctions
Key Insight: Motion (denied) for adverse inference based on alleged spoliation.
Nature of Case: 8th Amendment claims under 42 U.S.C. s. 1983
Electronic Data Involved: surveillance video
Keywords: inherent power, adverse-inference instruction
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: While shredded physical notes are not ESI, and thus not governed by FRCP 37(e), the court finds it a helpful rationale in deciding the proper course of action.
Nature of Case: Civil Rights
Electronic Data Involved: handwritten notes
Keywords: adverse inference, spoliation sanctions,
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
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