Spoliation
Spoliation Four Ways: Washington Court Orders $25,000 and Attorneys’ Fees and Costs
Court fines defendant for failure to issue a legal hold, deletion of evidence and refusal to cooperate with discovery process.
Selective Preservation of Text Messages Uncovered with an Undisclosed Subpoena that Is Allowed to Impeach Evidence; Adverse Inference Sanction Results
Selective deletion of text messages results in adverse inference sanction in sexual harassment case.
Colorado Court Deems Loss of ‘Key Player’s’ Evidence a Sanctionable Offense in Hart v. Dillon
Court rules that failure to preserve data to be grossly negligent or willful in Hart v. Fillon Cos.
Kirgan v. FCA LLC – Rule 1: Preserve ESI When Litigation is Forthcoming. Rule 2: Don’t Mislead When Breaking Rule 1, or Sanctions Will Follow
Court issues adverse inference instruction after defendant ignored preservation order and issued false testimony, to educate on compliance.
