Key Insight: intentional destruction of surveillance camera footage
Nature of Case: prisoner civil rights action
Electronic Data Involved: surveillance camera footage
Keywords: spoliation
Key Insight: Spoliation of evidence via a mobile device. Case filed prior to new Rule 37(e) enactment, so, rule does not apply.
Nature of Case: Fair Labor Standards Act violation
Electronic Data Involved: e-mail account records
Keywords: “old” bad faith analysis, misdirection and deception, 2-step verification.
Key Insight: Service provider failed to preserve ESI
Nature of Case: ERISA action
Electronic Data Involved: ESI contained on servers
Keywords: failure to preserve, servers, service provider, inherent power authority
Key Insight: defendants took no steps to save a copy of the footage, and it was overwritten after 30 days elapsed.
Nature of Case: Death by negligence and deliberate indifference
Electronic Data Involved: surveillance camera footage
Keywords: surveillance camera footage, defendant sheriff, anticipation of litigation
Key Insight: failure to review backup tapes, attorney’s fees
Nature of Case: contract dispute
Electronic Data Involved: email, backup tapes
Keywords: destruction of laptop, key employee, prejudice, duty to preserve, adverse inference, retention policy
Key Insight: Although the deletion was intentional, the plaintiff was not unduly prejudiced, as there is sufficient other evidence. Therefore, not sanctions other than attorney’s fees for the motion.
Nature of Case: Contract
Electronic Data Involved: email
Keywords: Spoliation sanction, prejudice, intentional
Key Insight: being negligent and irresponsible in maintaining information and knowing of the obligation to preserve the integrity of the information are not sufficient to show an intent to deprive
Nature of Case: improper termination
Electronic Data Involved: ESI concerning arrival and departure times
Keywords: Spoliation sanctions, intent to deprive, obligation to preserve, adverse inference
Key Insight: sanctions requested for failure to preserve video footage
Nature of Case: civil rights case
Electronic Data Involved: cellphone video footage
Keywords: spoliation, prejudice
Key Insight: Measures to cure prejudice should be no greater than necessary, but if a party acts with intent to deprive, the court may presume unfavorability, issue an adverse inference, or dismiss and enter a default. You must raise your spoliation motions before summary judgment is ruled on.
Nature of Case: Unlawful termination
Electronic Data Involved: relevant electronic communications and documents
Keywords: prejudice, spoliation, intent to deprive, adverse influence
Key Insight: what sanction for failure to preserve evidence
Nature of Case: false arrest and malicious prosecution
Electronic Data Involved: digital video
Keywords: adverse inference, intent
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