FRCP 37(e)
Court concludes that ‘egregious’ spoliation warrants ‘harshest sanction available’
In this computer hacking case, the court concluded that one defendant blatantly and intentionally spoliated critical evidence.
Finding ‘gross negligence, not intentional malfeasance,’ court denies adverse inference
In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
Moving party unable to establish prejudice or intent to deprive without spoliated evidence
In this case, the court found that the defendants spoliated evidence but denied sanctions, finding neither prejudice nor an intent to deprive.
Seventh Circuit finds prejudice from spoliation but no intent to deprive
In this discrimination case, the Seventh Circuit affirmed spoliation sanctions against the defendant but also affirmed summary judgment in its favor.
‘Lackadaisical’ Preservation Spurs Monetary Sanctions
In Hefter Impact Techs., LLC v. Sport Maska, Inc., the court partially awarded the plaintiff sanctions citing the defendant's poor preservation.
