In this TCPA claim, the court denied a forensic examination of the plaintiff’s cell phone, finding that no relevant evidence would be discovered.
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
Where Wal-Mart failed to timely disclose to plaintiffs a “staggering” volume of data, that evidence and the resulting expert reports were excluded.
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
The magistrate rejected the plaintiff’s claim that it lost a year of emails through a series of innocent mistakes, finding its spoliation intentional.
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.