Sanctions
Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process
On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.
Monetary sanctions for violating rules despite ‘very minimal’ impact
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.
What Is Cooperation in Ediscovery?
What is cooperation in ediscovery? Learn why collaborative ediscovery is required by the FRCP, how it controls costs, and why preparation is critical.
‘Halfhearted attempts’ at preservation don’t prove intentional spoliation
Because “glaring incompetence” in issuing a legal hold did not establish intentional spoliation, sanctions were proper only to cure the prejudice.
A rare intentional spoliation tort case further restricts the claim’s scope
Ohio recently limited the scope of its tort for intentional spoliation to deletion or alteration, not mere withholding or concealment, of evidence.
What Is A Legal Hold?
The legal hold process in ediscovery ensures that ESI is preserved for litigation. This article breaks down the basics of legal or litigation holds.