Rule 37(e)
Defendant failed to establish that unpreserved evidence was irretrievably lost
In this contract dispute, the court denied the defendant’s motion for spoliation sanctions, finding that it had not conclusively established that the evidence in question…
Two defendants admitted to having ‘wiped and discarded’ their phones without preserving text messages
In this case involving the alleged infringement of music created by the late artist Prince, the court granted in part the plaintiffs’ motion for sanctions…
Court concludes that ‘egregious’ spoliation warrants ‘harshest sanction available’
In this computer hacking case, the court concluded that one defendant blatantly and intentionally spoliated critical evidence.
Finding ‘gross negligence, not intentional malfeasance,’ court denies adverse inference
In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
Moving party unable to establish prejudice or intent to deprive without spoliated evidence
In this case, the court found that the defendants spoliated evidence but denied sanctions, finding neither prejudice nor an intent to deprive.
