Case Law
Court denies disproportionate and intrusive forensic examination of cell phone
In this TCPA claim, the court denied a forensic examination of the plaintiff’s cell phone, finding that no relevant evidence would be discovered.
Court orders forensic imaging of select devices to ensure ESI preservation
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
Late disclosure in violation of Rule 26(a)(1) leads to evidentiary exclusion
Where Wal-Mart failed to timely disclose to plaintiffs a “staggering” volume of data, that evidence and the resulting expert reports were excluded.
A rare intentional spoliation tort case further restricts the claim’s scope
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
Magistrate rejects claims of “innocent” mistakes to find intentional spoliation
The magistrate rejected the plaintiff’s claim that it lost a year of emails through a series of innocent mistakes, finding its spoliation intentional.
Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
