Spoliation
Anti-forensic software and intentional deletion of text messages earns adverse inference
In this copyright infringement case, the court imposed sanctions on specific defendants for their continued discovery abuses.
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.
Court declines sanctions where defendant deleted emails a decade before lawsuit
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
Seventh Circuit finds prejudice from spoliation but no intent to deprive
In this discrimination case, the Seventh Circuit affirmed spoliation sanctions against the defendant but also affirmed summary judgment in its favor.
Court sanctions defendant for ‘bollixed’ legal hold
In this employment discrimination case, the defendant “bollixed its litigation hold…to a staggering degree and at every turn.” As a sanction, the magistrate recommended that…
