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: Intent must be proved for adverse inference sanction, “evilness” of corporation not at issue
Nature of Case: Trade secret misappropriation
Electronic Data Involved: Electronic records
Keywords: Uber, evil corporation, trade secret, imagination, spoliation, Academy Award
Key Insight: Courts have inherent authority and FRCP 37 to apply sanctions for spoliation and the inherent authority analysis (which the court used in this case) is much the same as FRCP 37
Nature of Case: Trademark infringement
Electronic Data Involved: Electronic data generally (EDI records, Quickbook files, passwords, sales data)
Keywords: Turkey, women’s apparel, Lanham act
Identified Local Court Rule(s): W.D. Wash. LCR 7
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: Intentional spoliation/persistent discovery misconduct can lead to sanctions well above the amount in dispute
Nature of Case: Intellectual Property (trademark infringement/counterfeit)
Electronic Data Involved: Electronic data
Keywords: Sanctions, proportionality, willfully, adverse inference
Key Insight: Defendants turned in employer owned/funded cell phones a month after litigation filed; was not spoilation and no sanctions given
Nature of Case: Civil Rights Violation
Electronic Data Involved: Cell Phone Records
Keywords: spoilation, duty of preservation
Key Insight: whether a permissive adverse inference instruction should be permitted; if so, whether spoliating party should be permitted to offer evidence to justify spoliation
Nature of Case: sexual harassment/abuse
Electronic Data Involved: hard copy
Keywords: permissive adverse inference, permitting spoliating party to explain, negligent failure to preserve
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