Key Insight: The Amended Rule governs unless its application would be unjust or impracticable.
Nature of Case: ADA discrimination
Electronic Data Involved: surveillance video
Keywords: Spoliation, adverse inference, amended rule
Key Insight: insufficient evidence to support finding of spoliation
Nature of Case: Trade secret misappropriation, breach of confidentiality agreement
Electronic Data Involved: deletion of plaintiff’s electronic files from May’s personal hard drive
Keywords: spoliation inference, trade secret misappropriation
Key Insight: Motion for sanctions denied since the court found that the loss had been accidental, so no intent. Plus, much of the info likely never existed.
Nature of Case: workplace discrimination/hostile work environment
Electronic Data Involved: Telephone logs and connected data, electronic logs
Keywords: Spoliation, loss of data, equipment failure, recoverable data, sanctions
Key Insight: Intentional deletion and refusal to produce evidence leads to default judgment
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: Default judgment, China, termination sanction
Key Insight: sanctions not appropriate for deletion of original recordings, no alteration of originals
Nature of Case: Termination of employment
Electronic Data Involved: audio recordings, transcripts, photographs
Keywords: deletion of original, termination of employment, Best evidence rule
Key Insight: Defendant had reviewed video recording twice and did not show area of spill and fall. Deleted recording per their normal 37 day video retention policy. Defendant moved for summary judgment, Plaintiff argued should be sanctioned by not granting order. Judge granted summary judgment.
Nature of Case: Personal Injury
Electronic Data Involved: Video Recording
Keywords: Summary Judgment; Retention Policy
Key Insight: To what extent can a party be punished for spoliation under Rule 37(e)? How much does state of mind at the time of spoliation affect the sanction?
Nature of Case: Legal malpractice
Electronic Data Involved: e-mails, electronically-stored records
Keywords: Spoliation sanctions, innocence
Key Insight: Sanctions for spoliation of evidence resulting from good faith destruction of cell phone
Nature of Case: labor violations
Electronic Data Involved: text messages
Keywords: spoliation, smartphone, intent to deprive
Key Insight: Spoliation sanctions denied because the documents still exist, and were only transferred.
Nature of Case: False representation of a company to others and the public
Electronic Data Involved: information from a computer and shared drive
Keywords: Transferrence of ESI, spoliation sanctions,
Key Insight: no duty to preserve
Nature of Case: Assault
Electronic Data Involved: video tape recording, audio recordings
Keywords: spoliation, no duty to preserve
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