Federal Rules of Civil Procedure Rule 37(e)
A rare intentional spoliation tort case further restricts the claim’s scope
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
The Cost of Intentional E-Mail Deletion and “Repeated Obfuscation”? $3 Million
Court imposed sanctions against a defendant whose senior executive intentionally deleted thousands of e-mails to prevent the plaintiff from discovering them.
Failing to Take Reasonable Steps to Preserve E-Mail Creates Sanctionable Prejudice
Applying the amended FRCP Rule 37, the court ruled that sanctions were not appropriate where a plaintiff could not show records were destroyed in bad…
Court Finds That E-Mail Manipulation Deserves Sanctions Under the New Rule 37(e)
An intellectual property case involving altered emails raised significant issues concerning the reach of newly amended Rule 37(e) of the FRCP.
Court Acknowledges That the Duty to Preserve Has Limits
Court rejects request for sanctions due to plaintiffs' failure to produce text messages because the loss was the result of routine, good faith operation.
What Is the Extent of Counsel’s Obligation to Ensure Clients Preserve Data?
Hosch v. BAE Sys. Info. Solutions, Inc., the judge cited Hosch’s “severely egregious conduct” and dismissed his prejudice.
