ESI
Rule 26 and Proportionality in a Remote Work World
How will our new remote work world impact Rule 26 and proportionality? Read more from a current and a former judge about how things might…
Court glances past issue of lost passwords for protected documents
In this employment discrimination case, the court denied the plaintiff’s motions for sanctions involving both paper records and ESI. It found that the plaintiff failed…
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.
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…
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.
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
