County of Erie v. Abbot Labs., Inc., 913 N.Y.S.2d 482 (N.Y. Sup. Ct. 2010)

Key Insight: Where plaintiff failed to take steps to preserve potentially relevant documents until approximately three and one half years after the lawsuit was initiated and was thus grossly negligent, the court granted an adverse inference and monetary sanctions equal to defendant?s reasonable fess and costs of making the motion for sanctions

Nature of Case: Suit alleging that drug companies had inflated average wholesale price for Medicaid drugs

Electronic Data Involved: ESI

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