preservation
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
‘So sue me’ not enough to trigger duty to preserve evidence
In this breach of contract case, the court denied sanctions, finding that the plaintiffs destroyed evidence before any duty to preserve attached.
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.
Court Denies Spoliation Sanctions
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
‘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 orders forensic imaging of select devices to ensure ESI preservation
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
