negligence
‘Halfhearted attempts’ at preservation don’t prove intentional spoliation
Because “glaring incompetence” in issuing a legal hold did not establish intentional spoliation, sanctions were proper only to cure the prejudice.
Court Rejects Church’s Appeal Upholding Sanction
In this opinion, the appellate court soundly rejected the defendant’s arguments, affirming a daily $4,000 sanction for the defendant’s willful refusal to comply with discovery.
