Spoliation
Litigant’s attempt to ‘take advantage of’ evidence it spoliated proves its bad faith
Decker v. Target Corp. In this personal injury claim, the court granted harsh sanctions for the defendant’s bad faith spoliation of evidence.This case began with…
Negligent Spoliation Inadequate For Dismissal
In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
Court Denies Spoliation Sanctions
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
What Is Forensically Sound Data Collection?
Collection supports the earlier stage of preservation, as collected data is available for later stages of discovery and will not be inadvertently deleted or modified.
‘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.
Court orders forensic imaging of select devices to ensure ESI preservation
Where the plaintiffs wanted to keep using their devices, the court ordered forensic imaging to preserve ESI that would otherwise be spoliated.
