duty to preserve
What Is a Trigger Event?
A trigger event occurs when a party can reasonably anticipate litigation; it initiates the duty to preserve potentially relevant evidence.
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
Litigant’s attempt to ‘take advantage of’ evidence it spoliated proves its bad faith
Decker v. Target Corp. In this personal injury claim, the court granted harsh sanctions for the defendant’s bad faith spoliation of evidence.This case began with…
Reasonable Inquiry Explains Lack Of Responsive Discovery
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
Court Finds That E-Mail Manipulation Deserves Sanctions Under the New Rule 37(e)
An intellectual property case involving altered emails raised significant issues concerning the reach of newly amended Rule 37(e) of the FRCP.
Kansas Court Shuns the Duty to Preserve
In this employment-related claims case, the plaintiff sought sanctions against his former employer, Kiewit Power Constructors, for spoliation.
