Key Insight: When can a spoliation sanctions motion be brought? When does the person against whom the motion is brought have a duty to preserve?
Nature of Case: Copyright
Electronic Data Involved: online photograph
Keywords: Spoliation sanctions, metadata, native file
Key Insight: discovery misconduct sanctions
Nature of Case: breach of contract
Electronic Data Involved: electronic documents
Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion
Key Insight: application of spoliation sanctions occurring in past matters
Nature of Case: product liability
Electronic Data Involved: electronic records, e-mails
Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: sanctions for failure to produce emails between plaintiff’s counsel and third party in response to discovery requests
Nature of Case: private nuisance, breach of contract
Electronic Data Involved: e-email
Keywords: “obligation to disclose communications between its attorney and third parties”, “proposed sanction is an extremely harsh sanction”, “frequently corresponded by e-mail with numerous third parties”, “privilege log”
Key Insight: Do not challenge authenticity of a document when an identical copy is in possession
Nature of Case: Loan contract
Electronic Data Involved: Electronic copy of contract
Keywords: Sanctions, mislead, abuse of discretion, bad faith, authenticity, perjury
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: Preservation orders should be commenced as soon as possible
Nature of Case: Discovery
Electronic Data Involved: E-mail
Keywords: Litigation hold, Preservation, Sanctions
Identified State Rule(s): North Carolina Rules of Civil Procedure 26(g), 37(b)(2)
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