Proof of spoliation
Where There’s No Control, There’s No Duty to Preserve
The duty to preserve does not extend to parties that lack control over a nonparty’s documents.
Court Order Requiring the Seizure of Documents Defeats Party’s Request for Adverse Inference
In this wage and hour class action, the court found that loss of control over its documents rendered the plaintiffs claim of spoliation moot.
Mere Negligence and Conjecture Cannot Support a Spoliation Claim
In the Third Circuit, mere negligence is not enough to support a claim of spoliation.
Kansas Court Shuns the Duty to Preserve
In this employment-related claims case, the plaintiff sought sanctions against his former employer, Kiewit Power Constructors, for spoliation.
Court Acknowledges That the Duty to Preserve Has Limits
Court rejects request for sanctions due to plaintiffs' failure to produce text messages because the loss was the result of routine, good faith operation.
The Best Insurance Policy Is a Legal Hold
Case Law Recap: In Fidelity v. Captiva an insurance company failed to take the most elementary step to guard against the risk of spoliation: a…
