Case Law
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
RF SUNY had a solid policy in place, issued timely legal holds, and audited custodial compliance so they were able to repel sanctions for spoliation.
Kirgan v. FCA LLC – Rule 1: Preserve ESI When Litigation is Forthcoming. Rule 2: Don’t Mislead When Breaking Rule 1, or Sanctions Will Follow
Court issues adverse inference instruction after defendant ignored preservation order and issued false testimony, to educate on compliance.
Apple v. Samsung: Lack of Custodian Follow-Up and Failure to Suspend Auto-Deletion of Email Equals Adverse Inference
The stakes could hardly be higher than the multi-billion dollar design patent trial between high tech titans Apple and Samsung – both are among the…
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District…
If You Don’t Issue a Legal Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S.…
