A trigger event occurs when a party can reasonably anticipate litigation; it initiates the duty to preserve potentially relevant evidence.
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).…
In this product liability case, the court denied spoliation sanctions because the defendant deleted ESI a decade before the plaintiffs filed suit.
In this breach of contract case, the court denied sanctions, finding that the plaintiffs destroyed evidence before any duty to preserve attached.
The legal hold process in ediscovery ensures that ESI is preserved for litigation. This article breaks down the basics of legal or litigation holds.
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.…