Key Insight: Spoliation sanctions for missing insurance photos premature before clarifying deposition from party
Nature of Case: insurance coverage litigation
Electronic Data Involved: photos
Keywords: amended declaration inadequate, IT protocol
Key Insight: The loss of surveillance video was unrelated to defendant’s liability, so spoliation determination was unnecessary
Nature of Case: 8th Amendment
Electronic Data Involved: video
Keywords: failure to preserve ESI,
Key Insight: All data stored as picture files therefore unsearchable
Nature of Case: Employment Discrimination
Electronic Data Involved: “picture files”; text messages; email; ESI; hard drives; database
Keywords: Cost shifting; Inaccessible; data stored as picture files; searchablity
Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)
Nature of Case: workplace discrimination, disability rights
Electronic Data Involved: unspecified electronic records
Keywords: Rule 37(e) ignored,
Key Insight: Sanctions not found because VHS degrades naturally and missing reports were not proven relevant
Nature of Case: false arrest
Electronic Data Involved: video VHS, lost original tape, paper documents
Keywords: 37(e) ignored, lost original tape, missing reports, culpable state of mind
Key Insight: Compelling ESI prematurely is not needed if the records will be preserved throughout litigation
Nature of Case: malicious prosecution
Electronic Data Involved: emails, documents
Keywords: Scope of ESI search terms, willingness to produce
Key Insight: Service provider failed to preserve ESI
Nature of Case: ERISA action
Electronic Data Involved: ESI contained on servers
Keywords: failure to preserve, servers, service provider, inherent power authority
Key Insight: Duty of preservation is not enforceable for foreign company investigated by foreign government with no lawsuits filed in USA
Nature of Case: antitrust
Electronic Data Involved: deleted electronic records
Keywords: duty of preservation foreign, foreign government investigation preserve
Key Insight: No spoliation because employees were merely unaware/untrained on surveillance system and didn’t intentionally withhold evidence
Nature of Case: wrongful death, slip and fall
Electronic Data Involved: video surveillance
Keywords: Rule 37 ignored, no culpable state of mind, unaware of surveillance
Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Copyright © 2022, K&L Gates LLP. All Rights Reserved.