Case Law Analysis
A single court ruling can dramatically change the ediscovery field. We review and summarize the latest developments in ediscovery case law.
No reasonable anticipation of litigation given longstanding relationship and lack of communication about incident
In this breach of contract case, the court denied the plaintiffs’ motion for sanctions, finding that the defendants were under no duty to preserve evidence at the time of its loss.
In this claim for injuries sustained during a boat cruise, the court began its opinion by noting that “a picture is worth a thousand words.” Given that, “surely a video must be worth significantly more” — and video evidence from 200 surveillance cameras worth yet more than that.
In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…
In this contract dispute, the court denied the defendant’s motion for spoliation sanctions, finding that it had not conclusively established that the evidence in question was, in fact, lost. While the plaintiff failed to preserve electronically stored information (ESI), the missing information might still be available from other sources.
We’ve previously written about GN Netcom, Inc. v. Plantronics, Inc. — a long-running antitrust matter involving egregious spoliation of emails — but the saga isn’t over yet. In this recent opinion, the Third Circuit Court of Appeals affirmed the district court in part, reversed it in part, and remanded the matter for a new trial.
In this employment discrimination case, the court denied the plaintiff’s motions for sanctions involving both paper records and ESI. It found that the plaintiff failed to establish that the defendant spoliated any emails and failed to support its argument for preclusion of internal complaint evidence.
In this case alleging breach of contract and trade secret theft, the North Carolina Business Court granted the plaintiff a preliminary injunction after the defendant admitted to spoliating evidence.
Edwards v. 4JLJ, LLC, No. 2:15-CV-299 (S.D. Tex. Jan. 11, 2019) In this case seeking unpaid overtime wages, the court previously imposed sanctions against the defendants for their discovery abuses. This order denied their motion to reconsider those sanctions or to...
In this case alleging patent infringement, the court held that restoration of an email archiving system would be proportional to the value of the case. However, because making only one party bear that cost would be disproportional, the court split the cost equally between the parties.