FRCP 37
Defendants deleted evidence before and after legal hold, then misrepresented its availability
In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI).…
Anti-forensic software and intentional deletion of text messages earns adverse inference
In this copyright infringement case, the court imposed sanctions on specific defendants for their continued discovery abuses.
Defendant’s ‘plausible, good-faith explanation’ of lost evidence proves prejudice
The court imposed monetary sanctions under FRCP 37 for the plaintiff’s unintentional spoliation of text messages, which prejudiced the defendant.
Reasonable Inquiry Explains Lack Of Responsive Discovery
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
Facing ‘unclear’ evidence, court concludes that overwritten ESI was never downloaded
The court denied sanctions for spoliation, finding that the disputed ESI had been automatically overwritten before the duty to preserve attached.
The plaintiff’s 16-minute call to attorneys didn’t establish a duty to preserve
The court denied sanctions where the plaintiff “accidentally” deleted emails, rejecting as “speculative” the claim that she had a duty to preserve.
Negligent Spoliation Inadequate For Dismissal
In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
Discovery Misconduct “As Deep As It Is Wide” Merits Harsh Sanctions
The court ordered issue preclusion and costs as severe sanctions against a party that engaged in continuous discovery misconduct, including failing to take reasonable steps…