Gilley v. Eli Lilly & Co., No. 3:10-CV-251, 2013 WL 1701066 (E.D. Tenn. Apr. 2, 2013)

Key Insight: Where plaintiff failed to preserve digital images which she claimed she took with her cell phone and her daughter?s cell phone and which she claimed to have received from her daughter via email and later forwarded to her attorney (resulting in several electronic copies of the image(s)), the court found that plaintiff had the obligation to preserve the evidence, that she knew or should have known that the images were relevant, that the images and metadata were in fact relevant, and that sanctions were appropriate and thus imposed a permissive adverse inference

Nature of Case: wrongful termination

Electronic Data Involved: Digital images

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