Case Law
Seventh Circuit finds prejudice from spoliation but no intent to deprive
In this discrimination case, the Seventh Circuit affirmed spoliation sanctions against the defendant but also affirmed summary judgment in its favor.
Native-format production appropriate under Rule 34 and parties’ agreement
The court compelled production of files in native format, citing Rule 34, the parties’ agreement, and the potential relevance of native-format files.
Produced PDF files ‘are merely pictures’ that lack critical metadata
Where the plaintiff failed to comply with FRCP 34, producing PDFs that lacked critical metadata, the court ordered production of native-format ESI.
Court sanctions defendant for ‘bollixed’ legal hold
In this employment discrimination case, the defendant “bollixed its litigation hold…to a staggering degree and at every turn.” As a sanction, the magistrate recommended that…
Litigant’s attempt to ‘take advantage of’ evidence it spoliated proves its bad faith
Decker v. Target Corp. In this personal injury claim, the court granted harsh sanctions for the defendant’s bad faith spoliation of evidence.This case began with…
Medical Records Proportional Ediscovery In ADA Claim
The plaintiff argued his medical records weren’t relevant; the court held that he “placed his mental condition at issue” by asserting an ADA claim.
