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
In this defamation case, the court ordered evidentiary sanctions, but no adverse instruction, for the plaintiffs’ spoliation of evidence and metadata.
Plaintiff Loses Failing To Prove Video Loss
The court denied sanctions for spoliation of evidence under FRCP 37(e) where the plaintiff failed to prove that the videos were irretrievably lost.
‘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.
Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang
Relying on the Federal Rules of Civil Procedure and its inherent authority, a court imposed default judgment for data destruction in OmniGen v. Wang.
Court Sanctions Counsel for Not Disclosing Deleted Client Emails
In People v. Miller, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose deleted emails.
You Can’t Spoliate Evidence That You Don’t Possess
Case summary - HCC Ins. Holdings, Inc. v. Flowers - Court denied sanctions because the plaintiff failed to prove the defendant had confidential info
Before Asking for Sanctions, Check the Recycle Bin
In Erhart v. BofI Holding, Inc., the court denied sanctions against a party where the huge majority of the files he deleted were not actually…