In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
The plaintiff argued his medical records weren’t relevant; the court held that he “placed his mental condition at issue” by asserting an ADA claim.
Citing FRCP 34 regarding the form of production, the court ordered a party to re-produce emails in native format rather than as searchable PDFs.
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.
The defendant’s reckless behavior convinced the court to deny the request to return privileged documents it mistakenly produced.