Trigger Event
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).…
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.
‘So sue me’ not enough to trigger duty to preserve evidence
In this breach of contract case, the court denied sanctions, finding that the plaintiffs destroyed evidence before any duty to preserve attached.
What Is a Trigger Event?
A trigger event occurs when a party can reasonably anticipate litigation; it initiates the duty to preserve potentially relevant evidence.
What Is A Legal Hold?
The legal hold process in ediscovery ensures that ESI is preserved for litigation. This article breaks down the basics of legal or litigation holds.
If You Don’t Issue a Legal Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S.…