Archive: April 10, 2009

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Reliance on Employees’ Judgment in Document Retention Policy Results in Finding of Culpability for Spoliation where Documents were Not Preserved

Reliance on Employees’ Judgment in Document Retention Policy Results in Finding of Culpability for Spoliation where Documents were Not Preserved

Phillip M. Adams & Assoc., LLC v. Dell, Inc., 621 F. Supp. 2d 1173 (D. Utah 2009)

In this patent infringement case, plaintiff, Phillip M. Adams & Associates (“Adams”), alleged that defendants ASUSTEK Computer Inc. and ASUS Computer International (collectively “ASUS”) spoliated relevant evidence and should therefore be sanctioned.  Finding that ASUS violated its duty to preserve and that the loss of evidence could not be excused as a “routine, good faith operation of electronic information systems,” the court ruled that sanctions were appropriate, but reserved imposition pending the close of discovery and a determination of prejudice.

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