Policy on Routine Records Management and Retention – Page 3

Wooten v. BNSF Railway Company (D. Mont., 2018)

May 29 2018

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

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Manufacturing Automation v. Hughes (California, Central District, 2018)

Apr 13 2018

Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st

Nature of Case: copyright infringement

Electronic Data Involved: deleted emails

Keywords: software copyright, accelerated email retention policy, terminating sanctions

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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Mar 29 2018

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

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Void v. T.D. Large (W.D. Va., 2018)

Mar 26 2018

Key Insight: Preservation

Nature of Case: Civil rights /Sec. 1983

Electronic Data Involved: ESI; Video

Keywords: Inmate; Excessive force; Preservation;

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ML Healthcare Services v. Publix Super Markets (11th Cir., 2018)

Feb 07 2018

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

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Gipson v. Management & Training Corp., No. 16-CV-624, 2018 WL 736265 (S.D. Miss. Feb. 6, 2018).

Feb 06 2018

Key Insight: Motion (denied) for adverse inference based on alleged spoliation.

Nature of Case: 8th Amendment claims under 42 U.S.C. s. 1983

Electronic Data Involved: surveillance video

Keywords: inherent power, adverse-inference instruction

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Brown v. Sam?s West Inc. (Nevada District, 2018)

Jan 26 2018

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

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Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)

Nov 09 2017

Key Insight: Refusal to produce documents. Clergy-penitent privilege

Nature of Case: Negligence and failure to warn (Sexual Abuse)

Electronic Data Involved: letter,email, fax,ESI

Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel

U.S. EEOC v. GMRI (S.D. Fla., 2017)

Nov 01 2017

Key Insight: whether missing evidence is crucial to movant’s case, whether non-movant had intent to deprive

Nature of Case: employment discrimination

Electronic Data Involved: hard copy, email

Keywords: duty to preserve, litigation hold, permissible inference, bad faith

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Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Oct 18 2017

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

View Case Opinion

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