Proof of spoliation
Sanctions For ‘No Special Effort’ To Preserve
In this defamation case, the court ordered evidentiary sanctions, but no adverse instruction, for the plaintiffs’ spoliation of evidence and metadata.
Plaintiff Loses Failing To Prove Video Loss
The court denied sanctions for spoliation of evidence under FRCP 37(e) where the plaintiff failed to prove that the videos were irretrievably lost.
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.
Court Says Spoliation Motion ‘Borders on Frivolous’
The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question had not been “lost” during ediscovery.
Failure to Prove ‘Intent to Deprive’ Web Browser History Robs Plaintiff of Sanctions
In this defamation case, the court declined to impose sanctions when the plaintiff failed to prove intent to deprive web browser information.
Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation
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…
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…
Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence
In this copyright infringement case, the court found the plaintiff had intentionally spoliated evidence. The court allowed the defendant to address the spoliation in its…
Before Asking for Sanctions, Check the Recycle Bin
In Erhart v. BofI Holding, Inc., the court denied sanctions against a party where the huge majority of the files he deleted were not actually…
Slip and Fall Case Leads to Sanctions Faceplant
Appellate court denies an adverse inference instruction where the plaintiff could not show the evidence was relevant to her claim
Can Parties Avoid Spoliation Sanctions by Equivocating?
The court declined to impose sanctions because the plaintiffs did not gather enough evidence to prove the defendant acted in bad faith.
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.