Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
Key Insight: Plaintiffs said no responsive documents existed; deposition; Court awarded $25,000 of $45,000 in attorneys fees due to billing problems by defendant
Nature of Case: Statutory and Common Law Publicity Rights
Electronic Data Involved: E-Mail
Keywords: Sanctions; Timely Response; Privilege Log
Key Insight: spoliation, FRCP 37(e)
Nature of Case: Trademark infringement, unfair competition, breach of contract
Electronic Data Involved: hard copy, email, other ESI
Keywords: oral litigation hold, duty to preserve, destroyed paper files, sanctions, legal hold, sufficient procedures, bad faith, relevance, rule amendment, server migration, negligence, bad faith, gross negligence
Key Insight: Willfull failure to produce records in discovery; Adverse inferences
Nature of Case: Contract
Electronic Data Involved: ESI
Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records
Key Insight: Expert opinion re spoliation is discarded. Spoliation motion denied since plaintiff has not shown that there was intent to deprive or that she has suffered any prejudice.
Nature of Case: Excessive force
Electronic Data Involved: Video of the subject of litigation
Keywords: spoliation, intent to deprive, prejudice, expert, affidavit, sanctions
Key Insight: Sanctions are inappropriate where deleted emails were recovered
Nature of Case: first amendment
Electronic Data Involved: emails, deleted electronic records
Keywords: deleted emails, recovering deleted records
Key Insight: Preservation
Nature of Case: Civil rights /Sec. 1983
Electronic Data Involved: ESI; Video
Keywords: Inmate; Excessive force; Preservation;
Key Insight: Routine deletion of emails/lack of archival service leads to sanctions, but may not be considered intentionally depriving opposing counsel depending on the circumstances
Nature of Case: Trade-dress infringement
Electronic Data Involved: Emails
Keywords: sanctions, preclusion order, beads
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation
Nature of Case: hostile work environment and retaliation
Electronic Data Involved: text messages
Keywords: spoliation, adverse inference, text messages
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