Federal Rule of Civil Procedure 37(e)
The magistrate rejected the plaintiff’s claim that it lost a year of emails through a series of innocent mistakes, finding its spoliation intentional.
This quick guide to the Federal Rules of Civil Procedure (FRCP) explains where the rules come from, what they do, and how they influence ediscovery.
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
In this highly publicized case alleging trade secret misappropriation, the court held that Uber spoliated relevant ESI that it should have preserved.