Bensel v. Allied Pilots Assoc., 263 F.R.D. 150(D.N.J. 2009)

Key Insight: Despite acknowledging that ?defendants should have moved more quickly to place litigation holds on the routine destruction of certain documents and electronic data,? the court found that plaintiffs failed to identify any specific document that was lost or destroyed, failed to establish destruction of documents in bad faith and failed to specify any prejudice arising from the alleged bad behavior and denied plaintiff?s motion for spoliation sanctions; in so holding, court noted plaintiff?s reliance on speculation and ?vague statements? which did not ?rise to the specificity level required by the Third Circuit to impose sanctions or even make a finding of spoliation.?

Nature of Case: Allegations of breach of duty of fair representation

Electronic Data Involved: ESI

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