duty to preserve
A trigger event occurs when a party can reasonably anticipate litigation; it initiates the duty to preserve potentially relevant evidence.
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
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.
An intellectual property case involving altered emails raised significant issues concerning the reach of newly amended Rule 37(e) of the FRCP.
In this employment-related claims case, the plaintiff sought sanctions against his former employer, Kiewit Power Constructors, for spoliation.