In this breach of contract case, the court denied sanctions, finding that the plaintiffs destroyed evidence before any duty to preserve attached.
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
Because “glaring incompetence” in issuing a legal hold did not establish intentional spoliation, sanctions were proper only to cure the prejudice.
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
A key ediscovery best practice is to map all of your data streams — because you can’t preserve or collect ESI you don’t know about.