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…
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
In this breach of contract case, the court denied sanctions, finding that the plaintiffs destroyed evidence before any duty to preserve attached.
The court imposed monetary sanctions under FRCP 37 for the plaintiff’s unintentional spoliation of text messages, which prejudiced the defendant.
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…
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
The court denied sanctions for spoliation, finding that the disputed ESI had been automatically overwritten before the duty to preserve attached.
The court denied sanctions where the plaintiff “accidentally” deleted emails, rejecting as “speculative” the claim that she had a duty to preserve.
A trigger event occurs when a party can reasonably anticipate litigation; it initiates the duty to preserve potentially relevant evidence.
A number of federal decisions have addressed whether ‘‘steps’’ taken by parties which have ‘‘lost’’ electronically stored information (ESI) had been ‘‘reasonable’’ ones under Federal…
Case summary - HCC Ins. Holdings, Inc. v. Flowers - Court denied sanctions because the plaintiff failed to prove the defendant had confidential info
The court takes a bifurcated approach to analyzing the loss of ESI under amended FRCP 37(e), finding that sanctions were appropriate.