Key Insight: failure to take reasonable steps to preserve data, prejudice to other party, intent to deprive
Nature of Case: personal injury
Electronic Data Involved: event recorder data: .dat file
Keywords: reasonable steps, adverse inference, relevance of data, event recorder, black box, laptop crash, prejudice, inferred intent to deprive
Key Insight: Plaintiff had kept a journal which was scanned and provided. Original Hard Copy was then destroyed. Judge granted motion for additional deposition time, but denied adverse inference instruction.
Nature of Case: Employment Discrimination; Wrongful Termination
Electronic Data Involved: Hard Copy of Scanned Journal
Keywords: Sanctions, Adverse Inference, Scanned Copy, Hard Copy
Key Insight: Court cites rule 37, but not 37(e). No bad faith found for video that automatically overwrote footage, but allowed to question defendant about presence of camera and whereabouts of footage
Nature of Case: Personal injury (automobile accident)
Electronic Data Involved: Electronic data generally (photographs, videos, sketches, maps, diagrams), video
Keywords: ECM data, triggering event
Key Insight: Defendant’s failure to preserve the relevant ESI.
Nature of Case: Motor vehicle accident
Electronic Data Involved: Electronic Data/Electronic Control Module (ECM) Vehicle Data Recorder/Black Box and associated data.
Keywords: Spoliation, ECM data
Key Insight: Sanctions for willful destruction of cell phone after receiving demand to preserve
Nature of Case: workplace discrimination
Electronic Data Involved: text messages
Keywords: spoliation, preservation of evidence, text messages, iCloud
Key Insight: failure to meet and confer, failure to adequately respond to interrogatories
Keywords: unspecified sanction, automatic sanctions, proportionality
Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Key Insight: whether defendant is entitled to $18.5 million in attorney’s fees and non-taxable costs.
Nature of Case: Antitrust,
Electronic Data Involved: Documents
Keywords: Attorney’s fees, Non-taxable costs
Key Insight: Repeated discovery obligation failures merited district court sanctions
Nature of Case: trademark infringement
Electronic Data Involved: Written discovery responses
Keywords: Missed discovery deadlines
Key Insight: Severe sanctions require intent and actual loss of evidence,
Nature of Case: Antitrust
Electronic Data Involved: E-mails
Keywords: email jail, litigation hold, transport dumpster,
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