Spoliation
The Cost of Intentional E-Mail Deletion and “Repeated Obfuscation”? $3 Million
Court imposed sanctions against a defendant whose senior executive intentionally deleted thousands of e-mails to prevent the plaintiff from discovering them.
Circuit Court Reverses and Reinstates Suspension After Tom Brady Fumbles the ESI
The Second Circuit, citing its deferential standard of review for arbitration awards, reinstated Tom Brady’s four-game suspension for ball tampering.
Ninth Circuit Requires an Intentional Spoliator to Pay the Freight With a Default Judgment
Ninth Circuit affirms district court’s grant of default judgment as sanctions for intentional deletion of data after explicit preservation order.
It’s Anything But Smooth Sailing When You Spoliate Evidence
Can it ever be too late to punish a party for the spoliation of evidence?
Timing of Rule Amendments Proves “Good Luck” for Spoliating Party as Court Vacates an Adverse Inference Order
As this case illustrates, amended rules will require courts to consider the threshold issue of intent before evaluating spoliation remedies.
Decision Finds Washington Courts Rejected Duty to Preserve
In Cook v. Tarbert Logging, the appellate court says Washington courts rejected a general duty to preserve evidence and abused its discretion.
