Buonauro v. City of Berwyn, No. 08 C 6687, 2011 WL 3754820 (N.D. Ill. Aug. 25, 2011)

Key Insight: Where defendant destroyed relevant audio recordings of City Council meetings despite anticipation of litigation but argued that the destruction was allowed under state law (which controlled the relevant retention period for such recordings), among other things, the court found that the tapes had been destroyed ?with a reckless disregard? of the duty to preserve which constituted bad faith and ordered an adverse inference establishing that if the tapes were available, they would have contained evidence favorable to the plaintiff

Nature of Case: Land Use/Zoning

Electronic Data Involved: Recordings of City Council meetings

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