Archive: December 8, 2011

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Sanctions Ordered for Failure to Adequately “Preserve, Search for, and Collect Potentially Relevant Information”

Sanctions Ordered for Failure to Adequately “Preserve, Search for, and Collect Potentially Relevant Information”

Naaco Materials Handling Group, Inc. v. Lilly Co., 278 F.R.D. 395 (W.D. Tenn. 2011)

In this case, the court found that defendant “failed to take reasonable steps to preserve, search for, and collect potentially relevant information . . . after its duty to preserve evidence was triggered by being served with the complaint” which may have resulted in the destruction of relevant evidence.  Further, defendant failed to present an adequately prepared and knowledgeable 30(b)(6) deponent.  Accordingly, sanctions were imposed, including, among other things, additional discovery, additional forensic imaging at defendant’s expense, and monetary sanctions.

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