GE Harris Ry. Elecs., LLC v. Westinghouse Air Brake Co., 2004 WL 5702740 (D. Del. Mar. 29, 2004)

Key Insight: Court declined to impose terminating sanctions and instead ordered an adverse inference sanction against defendant for employee?s intentional spoliation of electronic evidence where the destruction was motivated by an intent to eliminate incriminating evidence but where the prejudice was minimal in light of plaintiff?s ability to obtain copies of the deleted evidence by other means

Nature of Case: Patent infringement and misappropriation of trade secrets

Electronic Data Involved: ESI, emails