In this case, the Texas Judge court issued adverse inference sanctions against the plaintiff for extreme data loss and bad faith.
Court fines defendant for failure to issue a legal hold, deletion of evidence and refusal to cooperate with discovery process.
Selective Preservation of Text Messages Uncovered with an Undisclosed Subpoena that Is Allowed to Impeach Evidence; Adverse Inference Sanction Results
Selective deletion of text messages results in adverse inference sanction in sexual harassment case.
Puerto Rico Magistrate Judge Denies Adverse Inference Motion Absent of Prejudice for Spoliation of Executives’ Personal Email
Defendant avoids adverse inference sanction after issuing timely legal hold and being willing to recover lost electronically stored information (ESI).
In Herrmann v. Rain Link, the magistrate judge recommended an adverse inference be denied because the plaintiff couldn’t show spoliation of ESI.
Judicial Conference voted to approve the proposed amendments to the FRCP for public comment, the amendment to Rule 37(e) is the most relevant