ediscovery
Court concludes that ‘egregious’ spoliation warrants ‘harshest sanction available’
In this computer hacking case, the court concluded that one defendant blatantly and intentionally spoliated critical evidence.
Anti-forensic software and intentional deletion of text messages earns adverse inference
In this copyright infringement case, the court imposed sanctions on specific defendants for their continued discovery abuses.
Party produced over 100,000 documents after the close of discovery
In this breach of contract case, the court sanctioned the plaintiff for “gross misconduct” in discovery. The court imposed evidentiary and monetary sanctions, though it…
Finding ‘gross negligence, not intentional malfeasance,’ court denies adverse inference
In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
Moving party unable to establish prejudice or intent to deprive without spoliated evidence
In this case, the court found that the defendants spoliated evidence but denied sanctions, finding neither prejudice nor an intent to deprive.
Under Rule 34, production that is not ‘naturally organized’ must be labeled
The court granted a motion to compel, finding that disorganized ESI did not satisfy FRCP 34; it ordered amendment of all non-conforming productions.
