duty to preserve

No reasonable anticipation of litigation given longstanding relationship and lack of communication about incident

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…

Court declines sanctions where defendant deleted emails a decade before lawsuit

‘So sue me’ not enough to trigger duty to preserve evidence

Defendant’s ‘plausible, good-faith explanation’ of lost evidence proves prejudice

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.

Facing ‘unclear’ evidence, court concludes that overwritten ESI was never downloaded

The plaintiff’s 16-minute call to attorneys didn’t establish a duty to preserve

What Is a Trigger Event?

Reasonable Steps to Avoid Loss of Information

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…

A Mistaken Belief Does Not Warrant Sanctions for the Failure to Preserve

Best Payphones, Inc. v. The City of New York, Nos. 1-CV-3924 (JG) (VMS), 1-CV-8506 (JG) (VMS), 3-CV-0192 (JG) (VMS) 2016 WL 792396 (E.D.N.Y. Feb. 26, 2016).…