Key Insight: whether defendants acted with prejudice in not preserving “loop type system” video footage; whether spoliation sanctions apply for destroyed evidence
Nature of Case: Eighth Amendment claims for deliberate indifference and excessive force (cruel and unusual punishment)
Electronic Data Involved: medical records
Keywords: spoliation, preserve, prejudice, intent, bad faith, loop type system
Key Insight: Whether plaintiff?s failure to demonstrate allegations leads to summary judgment for defendant
Nature of Case: Copyright Infringement
Electronic Data Involved: external hard-drive, internal hard-drive
Keywords: bittorrent, torrent
Key Insight: Failure to preserve relevant evidence.
Nature of Case: Trademark ownership dispute.
Electronic Data Involved: Defendants discarded computers, following an alleged power surge which “fried” data.
Keywords: Defendants “willfully spoliated evidence” and the “extraordinary measures Batterman undertook to mislead opposing counsel and the Court merit a finding of bad faith.”
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