Archive: December 29, 2005

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Magistrate Recommends Adverse Inference Instruction as Sanction for Defendant’s Negligent Failure to Institute Litigation Hold

Magistrate Recommends Adverse Inference Instruction as Sanction for Defendant’s Negligent Failure to Institute Litigation Hold

DaimlerChrysler Motors v. Bill Davis Racing, Inc., 2005 WL 3502172 (E.D. Mich. Dec. 22, 2005)

Plaintiff sought sanctions for defendant’s failure to preserve evidence, and the matter was referred to a magistrate for hearing and determination. Defendant asserted that email messages were lost by reason of a preexisting feature of its computer system. Defendant explained that its computer system was set up to delete both internal and external email messages automatically, unless affirmative efforts were taken to preserve them. It further showed that such messages, once deleted, were not subject to retrieval by the defendant or by its computer support company. Read More

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