Motion for Sanctions – Page 70 – Electronic Discovery Law

Vanliner Ins. Co. v. ABF Freight Syst., Inc., No. 5:11-cv-122-Oc-10TBS, 2012 WL 750743 (M.D. Fla. Mar. 8, 2012)

Dec 01 2012

Key Insight: Finding that the alleged spoliator had no notice of the potential relevance of the allegedly spoliated data and that the information?namely maintenance records?was available elsewhere, court concluded that he moving party failed to establish that the data at issue was ?crucial? to its case and denied motion for sanctions

Nature of Case: Claims arising from auto accident

Electronic Data Involved: Engine related data from Electronic Control Module (e.g., the speed of the tractor/trailer, the rotation of RPMs of the engine)

Genon Mid-Atlantic, LLC v. Stone & Webster, Inc., —F.R.D.—, 2012 WL 1414070 (S.D.N.Y. Apr. 20, 2012)

Dec 01 2012

Key Insight: Magistrate Judge found that plaintiff had ?practical ability? to obtain documents from third-party consultant, and thus ?control? of the documents for purposes of discovery, but declined to impose sanctions, despite finding that plaintiff had failed to issue a litigation hold letter and to ensure that its consultant?s records were being preserved, where investigation revealed that limited responsive documents were recovered from the consultant?s backup tapes and that only one was never produced and thus, plaintiff and its consultant had rebutted the suggestion that defendant was prejudiced; affirmed by District Court 2012 WL 1849101

Nature of Case: claims arising from construction contract

Electronic Data Involved: ESI

Appleton Papers, Inc. v. George A. Whiting Paper Co., No. 08-C-16, 2011 WL 7005721 (E.D. Wis. Dec. 19. 2011)

Dec 01 2011

Key Insight: Court declined to impose spoliation sanctions for destruction of original microfiche where the destruction occurred in a somewhat unique situation ( the crate of microfiche was destroyed after becoming an ?orphan sitting in a warehouse? after being shipped back to England) and where ?nothing of value was lost? because the originals had been digitally copied

Electronic Data Involved: Original microfiche

Ashton v. Knight Transp., Inc., No. 3:09-CV-0759-B, 2011 WL 734282 (N.D. Tex. Feb. 22, 2011)

Dec 01 2011

Key Insight: Where, in a case arising from a fatal accident, the court determined that defendants? failure to preserve the tires of the involved truck and Qualcomm messages between the driver and the truck company was in bad faith and where that failure resulted in prejudice to the plaintiff, the court ordered that defendants? pleadings and defenses to liability be struck and, ?because defendants? misconduct led to the late discovery of a potential claim for punitive damages,? granted plaintiff leave to file an amended her complaint to add such a claim

Nature of Case: Hit and run

Electronic Data Involved: Qualcomm messages (“email type messages”)

Chen v. LW Restaurant, Inc., No. 10 CV 200 (ARR), 2011 WL 3420433 (E.D.N.Y. Aug. 3, 2011)

Dec 01 2011

Key Insight: Court imposed sanctions, including preclusion of evidence/witnesses, an adverse inference instruction (upon plaintiffs? request) and payment of attorney?s costs and fees for defendant?s discovery violations, including repeated failure to produce evidence despite court orders, and ?loss? of a flash drive and its contents under circumstances which supported a finding of gross negligence or intentional spoliation; court invited plaintiffs to seek sanctions against defense counsel, too, for counsel?s egregious violations of his duties, including failure to issue a litigation hold, failure to be candid regarding the loss of evidence, and failure to ensure compliance with client?s discovery obligations, among others

Nature of Case: Employment litigation (wages)

Electronic Data Involved: Flash drive containing original payroll records for purpose of analyzing metadata

Stepnes v. Ritschel, 663 F.3d 952 (8th Cir. 2011)

Dec 01 2011

Key Insight: Where ?severe spoliation sanctions, such as an adverse inference instruction, are only appropriate upon a showing of bad faith,? the circuit court affirmed the lower court?s denial of plaintiff?s motion for spoliation sanctions where there was no evidence that the accused party intentionally destroyed the relevant video tape ?or acted with bad faith or gross negligence in respect to it?

Nature of Case: False arrest, defamation

Electronic Data Involved: Videotape

Denim N. Amer. Holdings, LLC v. Swift Textiles LLC, 816 F. Supp. 2d (M.D. Ga. 2011)

Dec 01 2011

Key Insight: Despite noting that it was ?undisputed? that plaintiffs? witnesses did not modify their practice of ?deleting most emails within a short time of receiving them? even after they reasonably anticipated litigation, the court declined to impose an adverse inference where the record supported a finding that the witnesses ?destroyed the emails in the ordinary course of business unmotivated by any bad faith.?

Nature of Case: Fraudulent inducement, breach of fiduciary duty

Electronic Data Involved: Emails

In re Delta/AirTran Baggage Fee Antitrust Litig., 770 F. Supp. 2d 1299 (N.D. Ga. 2011)

Dec 01 2011

Key Insight: Providing significant analysis of the issue of spoliation, court denied plaintiff?s motion for sanctions for defendant?s alleged failure to adequately preserve evidence where government?s investigation did not trigger a duty to preserve evidence as to the class action plaintiffs in this case and thus, no duty to preserve existed for purposes of the spoliation analysis; court also found that even where duty to preserve existed, plaintiffs also failed to establish prejudice resulting from the alleged failure to preserve and that defendant acted in bad faith by failing to prevent the loss of ESI pursuant to defendant?s usual document retention policies and the automatic functions of its server

Nature of Case: Class action related to alleged collusion in implementation baggage fees

Electronic Data Involved: Emails, ESI

Britton v. Wal-Mart Stores East, L.P., No. 4:11cv32-RH/WCS, 2011 WL 3236189 (N.D. Fla. June 8, 2011)

Dec 01 2011

Key Insight: Where defendant?s employee(s) were found to have allowed the loss of relevant video surveillance tape, despite repeated notification of its relevance and requests for preservation, and to have done so intentionally and in bad faith, court declined to enter default judgment but precluded defendant?s presentation of certain defenses and ordered payment of attorney?s costs and fees related to the motion for sanctions and payment of half of such costs and fees related to a prior motion in which defendant?s dishonesty regarding the existence of the at issue vide resulted in costs to the plaintiffs

Nature of Case: Claims arising from alleged wrongful detention of teens for shoplifting

Electronic Data Involved: Video surveillance

Lynn v. Gateway Unified School Dist., No. 2:10-CV-00981-JAM-CMK, 2011 WL 6260362 (E.D. Cal. Dec. 15, 2011)

Dec 01 2011

Key Insight: Where plaintiff unlawfully acquired emails from defendant?s computer system and attempted to utilize them to bolster his case, court granted defendant?s motion for sanctions and precluded plaintiff from ?using the emails, using their contents, or attempting to introduce any evidence about the contents of these emails at trial,? court also granted defendant?s motion to disqualify plaintiff?s counsel and counsel?s entire firm, where the court found counsel took possession of the emails despite knowing they were obtained illegally, among other ethical violations

Nature of Case: Employment discrimination

Electronic Data Involved: Unlawfully obtained emails

Tag:Motion for Sanctions