Key Insight: Adverse inference granted where physical evidence was lost.
Nature of Case: Marine
Electronic Data Involved: notebook/logbook
Keywords: adverse inference
Key Insight: inadvertent destruction of computer after litigation hold not sanctioned
Nature of Case: wrongful termination
Electronic Data Involved: work computer
Keywords: no bad faith
Key Insight: Court concluded defendant had duty to preserve oily substance and was negligent in doing so. Permissive adverse inference instruction granted.
Nature of Case: personal injury
Electronic Data Involved: oily substance plaintiff slipped on
Keywords: adverse inference;
Key Insight: not ordered to reproduce production of documents in native format (with metadata) but only categories specifically requested by plaintiff
Nature of Case: wrongful termination – contract
Electronic Data Involved: email
Keywords: native format
Key Insight: Plaintiff unsuccessfully seeks injunction to prevent destruction of certain evidence. Defendants argued that sanctions would be inappropriate and no spoliation had occurred.
Nature of Case: Inmate pro se plaintiff asserts a host of constitutional violations against the U.S. and individual prison personnel.
Electronic Data Involved: Deleted video footage.
Keywords: Failure to preserve, destruction of evidence, spoliation, adverse inference.
Key Insight: limited additional discovery on the issue of conflict of interest and bias in the administration of the claim
Nature of Case: ERISA
Electronic Data Involved: 5 depositions and written discovery responses
Keywords: limited additional discovery, discovery duplication, scope of discovery
Key Insight: Failure to preserve relevant evidence.
Nature of Case: Trademark ownership dispute.
Electronic Data Involved: Defendants discarded computers, following an alleged power surge which “fried” data.
Keywords: Defendants “willfully spoliated evidence” and the “extraordinary measures Batterman undertook to mislead opposing counsel and the Court merit a finding of bad faith.”
Key Insight: whether defendants acted with prejudice in not preserving “loop type system” video footage; whether spoliation sanctions apply for destroyed evidence
Nature of Case: Eighth Amendment claims for deliberate indifference and excessive force (cruel and unusual punishment)
Electronic Data Involved: medical records
Keywords: spoliation, preserve, prejudice, intent, bad faith, loop type system
Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable
Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings
Electronic Data Involved: “back office data” information as to whether defendants explored public offering
Keywords: bad faith, sanctions, spoliation, public offering
Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party
Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law
Electronic Data Involved: initial interrogatories and verifications
Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party
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