Paradise v. Al Copeland Invs., Inc., 22 So.3d 1018 (La. Ct. App. 2009)

Key Insight: Trial court abused its discretion in ordering an adverse presumption in favor of plainitff for defendant?s loss of relevant computer evidence by discarding a hard drive after it crashed where defendant offered a reasonable explanation for the loss; court?s reasoning also relied upon evidence that the communications sought by plaintiff were available from an alternative source

Nature of Case: Class action for violation of Telephone Consumer Protection Act

Electronic Data Involved: Hard drive