Archive: July 3, 2013

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No Sanctions for Deletion of Email Folder belonging to “Perhaps the Key Witness” Absent Evidence of Prejudice

No Sanctions for Deletion of Email Folder belonging to “Perhaps the Key Witness” Absent Evidence of Prejudice

Sekisui Am. Corp. v. Hart, No. 12 Civ. 3479(SAS)(FM), 2013 WL 2951924 (S.D.N.Y. June 10, 2013)

In this case, the court considered Plaintiff’s “at least” negligent deletion of “the entire active email folder of an important witness—perhaps the key witness—at a time when [it] obviously knew that it might commence a lawsuit,” but declined to impose the requested adverse inference—or any sanction—absent a sufficient showing that “relevant information potentially helpful to [the defendants] [wa]s no longer available.”

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