Federal Rules of Civil Procedure Rule 37(e)
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
Court imposed sanctions against a defendant whose senior executive intentionally deleted thousands of e-mails to prevent the plaintiff from discovering them.
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…
An intellectual property case involving altered emails raised significant issues concerning the reach of newly amended Rule 37(e) of the FRCP.
Court rejects request for sanctions due to plaintiffs' failure to produce text messages because the loss was the result of routine, good faith operation.
Hosch v. BAE Sys. Info. Solutions, Inc., the judge cited Hosch’s “severely egregious conduct” and dismissed his prejudice.