Resources
Parties That Want Spoliation Sanctions Can’t “Drag and Drop” the Ball
To carry the burden of proof on a spoliation claim, more than conjecture is required.
Where There’s No Control, There’s No Duty to Preserve
The duty to preserve does not extend to parties that lack control over a nonparty’s documents.
Court Order Requiring the Seizure of Documents Defeats Party’s Request for Adverse Inference
In this wage and hour class action, the court found that loss of control over its documents rendered the plaintiffs claim of spoliation moot.
To Succeed in E-Discovery Do the Opposite of What These Defendants Did
In a 21-page order, U.S. Magistrate Judge Paul S. Grewal took the defendants in a business conspiracy case to task for their discovery transgressions.
From Deflategate to Spoliategate – Tom Brady Learns About The Duty to Preserve
After the deflategate scandal, Tom Brady was suspended for without pay for four games upon learning he destroyed evidence.
The Recoverability of Files Is Irrelevant to Imposition of Sanctions
As this case reveals, the underlying intent of deletion is sufficient to merit sanctions, regardless of whether any lost files are recoverable.