Key Insight: spoliation sanctions
Nature of Case: general/professional liability
Electronic Data Involved: handwritten notes
Keywords: spoliation, two-factor test, institutional notice, relevance, adverse inference
Key Insight: Forensic examination must be proportional to the information it can exclusively gain, including privacy concerns
Nature of Case: Telephone Consumer Protection Act (Class Action)
Electronic Data Involved: Text messages
Keywords: Text messages, imaging, forensic, proportionality
Key Insight: Filings for spoliation sanctions should be timely, years after alleged destruction suggests untimely
Nature of Case: Insurance subrogation
Electronic Data Involved: Testing data from safety devices
Keywords: Spoliation, sanctions, boiler
Key Insight: what duty plaintiff has to preserve relevant evidence in anticipation of litigation
Nature of Case: product liability claim
Electronic Data Involved: No ESI, issue around Ford Explorer tire tread.
Keywords: plaintiff duty to preserve evidence
Key Insight: admissibility of evidence of spoliation without a finding of an intent to deprive
Nature of Case: personal injury
Electronic Data Involved: video tape
Keywords: intentional spoliation, adverse inference or presumption, Louisiana, negligence, bad faith
Key Insight: duty to preserve, spoliation sanctions
Nature of Case: labor dispute
Electronic Data Involved: metadata, accountant summary, notebook pages, loose sheet records
Keywords: adverse inference instructions, prejudice, reasonably anticipate litigation, culpable state of mind
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: whether spoliation justifies issuance of summary judgment on the merits
Nature of Case: product design defect
Electronic Data Involved: charcoal grill
Keywords: failure to preserve, summary judgment, degree of prejudice, intent, lesser sanctions
Key Insight: Safe harbor, since it was destroyed long before the suit was filed or foreseeable
Nature of Case: Products liability
Electronic Data Involved: ESI design information
Keywords: Spoliation sanctions
Identified State Rule(s): 12 O.S. 2011 ? 3237(G)
Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation
Nature of Case: hostile work environment and retaliation
Electronic Data Involved: text messages
Keywords: spoliation, adverse inference, text messages
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