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.
The court denied sanctions for spoliation of evidence under FRCP 37(e) where the plaintiff failed to prove that the videos were irretrievably lost.
A number of federal decisions have addressed whether ‘‘steps’’ taken by parties which have ‘‘lost’’ electronically stored information (ESI) had been ‘‘reasonable’’ ones under Federal…
The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question had not been “lost” during ediscovery.
Relying on the Federal Rules of Civil Procedure and its inherent authority, a court imposed default judgment for data destruction in OmniGen v. Wang.
In this defamation case, the court declined to impose sanctions when the plaintiff failed to prove intent to deprive web browser information.