Archive: July 14, 2010

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Citing Rule 37(e), Court Denies Spoliation Sanctions Despite the Existence of a Duty to Preserve

Citing Rule 37(e), Court Denies Spoliation Sanctions Despite the Existence of a Duty to Preserve

Olson v. Sax, 2010 WL 2639853 (E.D. Wis. June 25, 2010)

Citing a lack of evidence that defendants “engaged in the ‘bad faith’ destruction of evidence for the purpose of hiding adverse evidence” and Fed. R. Civ. P. 37(e), the court denied plaintiff’s motion for sanctions for defendants’ destruction of relevant videotape, despite the existence of a duty to preserve.

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