Archive - January 12, 2017

Ruehl v. S.N.M. (Middle District Pennsylvania, 2017)

Jan 12 2017

Key Insight: No spoliation because employees were merely unaware/untrained on surveillance system and didn’t intentionally withhold evidence

Nature of Case: wrongful death, slip and fall

Electronic Data Involved: video surveillance

Keywords: Rule 37 ignored, no culpable state of mind, unaware of surveillance

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Edelson v. Cheung (D. N.J., 2017)

Jan 12 2017

Key Insight: Although the deletion was intentional, the plaintiff was not unduly prejudiced, as there is sufficient other evidence. Therefore, not sanctions other than attorney’s fees for the motion.

Nature of Case: Contract

Electronic Data Involved: email

Keywords: Spoliation sanction, prejudice, intentional

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