contract dispute
‘Halfhearted attempts’ at preservation don’t prove intentional spoliation
Because “glaring incompetence” in issuing a legal hold did not establish intentional spoliation, sanctions were proper only to cure the prejudice.
Sanctions considered due to loss of evidence in cyberattack
The court deferred ruling on a motion under FRCP 37 for spoliation sanctions after a party lost nearly all its discoverable data in a cyberattack.
‘Lackadaisical’ Preservation Spurs Monetary Sanctions
In Hefter Impact Techs., LLC v. Sport Maska, Inc., the court partially awarded the plaintiff sanctions citing the defendant's poor preservation.
