emails
Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
‘Lackadaisical’ Preservation Spurs Monetary Sanctions
In Hefter Impact Techs., LLC v. Sport Maska, Inc., the court partially awarded the plaintiff sanctions citing the defendant's poor preservation.
Court Responds to ‘Fishing Expedition’ by Strictly Limiting Discovery
In this wrongful termination case, Tingle v. Hebert, the court partially granted the defendant’s motion to compel the plaintiff to produce personal data.
Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang
Relying on the Federal Rules of Civil Procedure and its inherent authority, a court imposed default judgment for data destruction in OmniGen v. Wang.
Court Sanctions Counsel for Not Disclosing Deleted Client Emails
In People v. Miller, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose deleted emails.
