Permasteelisa CS Corp. v. Airolite Co., LLC, 2008 WL 2491747 (S.D. Ohio June 18, 2008)

Key Insight: Court denied motion for adverse inference brought by plaintiff under FRCP 51 one week before bench trial and based on destruction and replacement of computers allegedly containing relevant emails, finding that plaintiff had waived right to seek adverse inference since plaintiff knew about alleged spoliation for over a year, had plenty of time to move for discovery sanctions or raise issue in final pretrial order, and offered no explanation for delay in bringing matter to court?s attention

Nature of Case: Plaintiff alleged fraudulent transfer of assets

Electronic Data Involved: Emails, discarded computers