Case Law
Moving party unable to establish prejudice or intent to deprive without spoliated evidence
In this case, the court found that the defendants spoliated evidence but denied sanctions, finding neither prejudice nor an intent to deprive.
Under Rule 34, production that is not ‘naturally organized’ must be labeled
The court granted a motion to compel, finding that disorganized ESI did not satisfy FRCP 34; it ordered amendment of all non-conforming productions.
Court refuses to allow Equifax to ‘frustrate discovery’ by creating inaccessible database
In this FCRA case, the court granted a motion to compel in part and narrowed the scope of discovery, but held that some information was…
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
Court allows discovery from Internet Archive for use in foreign proceeding
In this action related to trademark claims, the court allowed 28 U.S.C. § 1782 discovery from the Internet Archive for use in a foreign proceeding.
Production of emails in PDF format violates Rule 34 and the court’s order
Despite being ordered to comply with FRCP 34, the plaintiffs continued to produce emails in PDF rather than native format, leading to sanctions.