Proof of spoliation
In this defamation case, the court ordered evidentiary sanctions, but no adverse instruction, for the plaintiffs’ spoliation of evidence and metadata.
The court denied sanctions for spoliation of evidence under FRCP 37(e) where the plaintiff failed to prove that the videos were irretrievably lost.
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question had not been “lost” during ediscovery.
In this defamation case, the court declined to impose sanctions when the plaintiff failed to prove intent to deprive web browser information.
In Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a party engaged…