Ed Schmidt Pontiac-GMC Truck, Inc. v. Chrysler Motors Co., LLC, 2008 WL 2704859 (N.D. Ohio July 7, 2008)
In this breach of contract litigation, the court had previously granted plaintiff leave to amend its complaint to add a state law cause of action for spoliation of evidence based on defendant’s failure to implement a litigation hold. Ed Schmidt Pontiac-GMC Truck, Inc. v. DaimlerChrysler Motors Co., LLC, 538 F. Supp. 2d 1032 (N.D. Ohio 2008). In this decision, the court denied plaintiff’s motion for summary judgment on the spoliation claim, in light of genuine disputes over several material facts.
In an interesting passage, the court opines that liability for a state law spoliation of evidence cause of action does not result simply from the failure to implement a litigation hold: