Proof of spoliation
Plaintiffs’ Failure to Preserve Key Players’ E-Mails Leads to Two Adverse Inferences
Case Law Recap AJ v. IP: This ediscovery dispute should serve as a wake-up call for parties that have yet to formalize their preservation protocol.
Where There’s Spoliation Smoke, There’s Not Always Fire
Court denies spoliation sanctions after finding the plaintiffs could not establish bad faith in Mead v. Travelers
Kansas Federal Court Finds No Prejudice as Grounds for Denying Spoliations Sanctions
In Herrmann v. Rain Link, the magistrate judge recommended an adverse inference be denied because the plaintiff couldn’t show spoliation of ESI.
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
RF SUNY had a solid policy in place, issued timely legal holds, and audited custodial compliance so they were able to repel sanctions for spoliation.
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District…
