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Results for: FRCP 37

Defendants deleted evidence before and after legal hold, then misrepresented its availability

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). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…

What is spoliation?

What is spoliation?

Understand the definition of spoliation under the Federal Rules of Civil Procedure. With respect to the Federal Rules of Civil Procedure (FRCP), spoliation is the loss or destruction of potentially relevant information that should have been preserved for a civil...

Discovery Misconduct “As Deep As It Is Wide” Merits Harsh Sanctions

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 to preserve evidence stored on a third-party server and making innumerable excuses for the failure to produce documents. The court also sanctioned the party’s counsel for his failure to check his client’s behavior and for taking steps that inappropriately lengthened the proceedings.

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