In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
What Is Forensically Sound Data Collection?
Collection supports the earlier stage of preservation, as collected data is available for later stages of discovery and will not be inadvertently deleted or modified.
‘Halfhearted attempts’ at preservation don’t prove intentional spoliation
Because “glaring incompetence” in issuing a legal hold did not establish intentional spoliation, sanctions were proper only to cure the prejudice.
Court orders forensic imaging of select devices to ensure ESI preservation
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
Late disclosure in violation of Rule 26(a)(1) leads to evidentiary exclusion
Where Wal-Mart failed to timely disclose to plaintiffs a “staggering” volume of data, that evidence and the resulting expert reports were excluded.
A rare intentional spoliation tort case further restricts the claim’s scope
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
