Gerlich v. United Stated Dept. of Justice, 828 F. Supp. 2d 284 (D.D.C. 2011)

Key Insight: Plaintiff argued that Department of Justice had destroyed records in violation of Federal Records Act but court clarified that Federal Records Act rather requires agencies to decide which materials must be preserved and reasoned that where DOJ decided not to require preservation of notes related to employment candidates and thus such information was destroyed, no spoliation could be found where the destruction was in accordance with policy and occurred prior to initiation of the relevant investigation and the subsequent lawsuit

Nature of Case: Claims alleging wrongful employment decisions based on political affiliation

Electronic Data Involved: Notes taken regarding applicants

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