Data deletion

Negligent Spoliation Inadequate For Dismissal

In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.

Court Denies Spoliation Sanctions

In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.

Sanctions For ‘No Special Effort’ To Preserve

Plaintiff Loses Failing To Prove Video Loss

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s…

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017).  Relying on the Federal Rules of Civil Procedure and…

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

You Can’t Spoliate Evidence That You Don’t Possess

HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for…

Before Asking for Sanctions, Check the Recycle Bin

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the…