Key Insight: While shredded physical notes are not ESI, and thus not governed by FRCP 37(e), the court finds it a helpful rationale in deciding the proper course of action.
Nature of Case: Civil Rights
Electronic Data Involved: handwritten notes
Keywords: adverse inference, spoliation sanctions,
Key Insight: Sanctions under 37(e) may be delayed until proof that the evidence is irretrievably lost is obtained
Nature of Case: Wrongful death
Electronic Data Involved: Video evidence
Keywords: Spoliation, video, adverse inference, recovery
Key Insight: former employee of defendant ordered coworkers to delete case critical emails, even after litigation hold.
Nature of Case: antitrust, Sherman Act
Electronic Data Involved: email
Keywords: 5 million dollar fee award, clear intent, spoliation, litigation hold, permissive adverse inference.
Key Insight: adequacy of attorney oversight of document production and failure to issue litigation hold
Nature of Case: legal malpractice, breach of contract
Electronic Data Involved: hard copy
Keywords: oral litigation hold, retention policy, spoliation, default judgment, compliance oversight
Key Insight: Without application of Rule 37(e), the court applies an adverse inference sanction.
Nature of Case: Civil Rights
Electronic Data Involved: security camera recordings
Keywords: Adverse inference, spoliation, sanctions, video
Key Insight: spoliation, intent to deprive
Nature of Case: Title VII Sex Discrimination
Electronic Data Involved: e-mail
Keywords: sanctions, bad faith, intent to deprive, 37(e)(2), curative measures, 37(e)(1)
Key Insight: loss or destruction of documents and spoliation sanctions
Nature of Case: refusal to hire
Electronic Data Involved: destroyed notes (not specified to be electronic), Excel spreadsheet
Keywords: adverse inference instruction, Fed. R. Evid. 301, Hicks, EEOC
Key Insight: Spoliation rule jury instruction for destruction of physical object inappropriate because no intention or bad faith present.
Nature of Case: Landlord Tenant Dispute over CO levels from furnace
Electronic Data Involved: No ESI, application of FRCP 37(e) for guidance
Keywords: ESI spoliation instructions, intentional loss or bad faith, application of FRCP 37(e) in state court
Key Insight: Party failed to take reasonable steps to preserve ESI, but since plaintiff never made a proportionate measure request to cure the prejudice, and since defendant made good faith attempts to provide access, no spoliation is found.
Nature of Case: breach of fiduciary duty, defamation, trademark
Electronic Data Involved: QuickBook files in digital form + other documents
Keywords: spoliation sanctions, good faith attempt, proportionate measure
Key Insight: spoliation, adverse inference
Nature of Case: breach of fiduciary duty, defamation
Electronic Data Involved: QuickBook files
Keywords: adverse inference, intent to deprive, spoliation, spoliation factors, sanctions
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