Philmar Dairy, LLC v. Armstrong Farms No. 18-cv-0530SMV/KRS (D.N.M. July 11, 2019)In this breach of contract case, the court denied the plaintiffs’ motion for sanctions, finding that the defendants were under no duty to preserve evidence at the time of its loss. The...
In re Abilify (Aripiprazole) Prods. Liab. Litig. No. 3:16-md-2734 (N.D. Fla. Oct. 5, 2018) In this multidistrict product liability case, the court denied spoliation sanctions where the defendant deleted emails a decade before the litigation began. The plaintiffs...
Siras Partners LLC v. Activity Kuafu Hudson Yards LLC No. 650868/2015, 2018 NY Slip Op 32484(U) (N.Y. Sup. Ct. Sept. 28, 2018) In this breach of contract case, the court refused to find that a vague threat of litigation was sufficient to trigger a duty to preserve...
Sinclair v. Cambria Cnty.No. 3:17-cv-149 (W.D. Pa. Sept. 28, 2018) In this employment discrimination case, the court sanctioned the plaintiff for her prejudicial spoliation of text messages. The plaintiff, Tammy Sinclair, was previously employed as a counselor at the...
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 a 2015 accident in a store operated by the defendant, Target. The plaintiff, Caryl…
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
Ball v. George Washington Univ., No. 17-cv-0507 (DLF) (D.D.C. Sept. 27, 2018). In this employment discrimination claim, the court denied sanctions despite the defendant’s failure to preserve a surveillance video. It found that before any duty to preserve attached, the...
Beck v. Access E Forms, LP In this Fair Labor Standards Act claim, the court denied sanctions despite the plaintiff’s deletion of emails and other evidence. Sidney Beck, the plaintiff, alleged that during her employment with Access eForms, LP, she routinely worked...
How to determine when to enact a litigation response plan What is a trigger event? A trigger event is an indicator to an ediscovery professional that a litigation matter or regulatory investigation is likely to follow, when then triggers the duty to preserve...
Hon. Ronald J. Hedges There have been a number of federal decisions since December 1, 2015, which have addressed whether "steps" taken by parties which have “lost” electronically stored information (ESI) had been reasonable ones under Federal Rule of Civil Procedure...