Proof of spoliation
Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
Minimal Sanctions for a Minimal Showing of Prejudice
In a breach of contract matter, the court refused to impose severe spoliation sanctions under Federal Rule of Civil Procedure 37 where a party requesting…
Spoliation Claims Are Not a Recreational Vehicle to Be Raised at Any Time in a Case
The court rejects a request for spoliation sanctions where the requesting party did not prove that the allegedly spoliating party acted in bad faith.
Failing to Take Reasonable Steps to Preserve E-Mail Creates Sanctionable Prejudice
Applying the amended FRCP Rule 37, the court ruled that sanctions were not appropriate where a plaintiff could not show records were destroyed in bad…
Spoliation Claims Require an Actual—Not Imagined—Loss of Evidence
It takes concrete evidence — not mere supposition — to support a claim of spoliation, as a recent case involving a permit dispute illustrates.
Parties That Want Spoliation Sanctions Can’t “Drag and Drop” the Ball
To carry the burden of proof on a spoliation claim, more than conjecture is required.