Spoliation
Sign O’ the Times: Pop Music and Spoliation Allegations
Spoliation is a word that strikes fear into the hearts of corporate legal professionals.
No reasonable anticipation of litigation given longstanding relationship and lack of communication about incident
In this breach of contract case, the court denied the plaintiffs’ motion for sanctions, finding that the defendants were under no duty to preserve evidence…
Preserved 91-minute video sufficient to capture ‘horrific storm’
In this claim for injuries sustained during a boat cruise, the court began its opinion by noting that “a picture is worth a thousand words.”…
Defendants deleted evidence before and after legal hold, then misrepresented its availability
In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI).…
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…
Appellate court reverses exclusion of evidence about spoliation, remands
We’ve previously written about GN Netcom, Inc. v. Plantronics, Inc. — a long-running antitrust matter involving egregious spoliation of emails — but the saga isn’t…
