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Results for: Data deletion

Plaintiff Loses Failing To Prove Video Loss

Plaintiff Loses Failing To Prove Video Loss

White v. United States, No. 4:15CV1252 SNLJ (E.D. Mo. Jan. 9, 2018). In this wrongful death case, the plaintiff moved for spoliation sanctions against the U.S. government for destroying video evidence. The court denied the motion without prejudice, holding that the...

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

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 sanctions because the plaintiff failed to prove that the defendant ever possessed its confidential information. Despite the...

Before Asking for Sanctions, Check the Recycle Bin

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 huge majority of the files he deleted were not actually destroyed, as they were mostly still located in the...

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