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…
