Shawe v. Elting (Delaware, 2017)
Key Insight: Even if documents are recovered from deletion, sanctions may still be proper, sanctions are proper when failing to adhere to litigation holds, sanctions based on perjury are not criminal charges of perjury, extreme bad-faith litigation allows for cost shifting of attorney’s fees
Nature of Case: Litigation misconduct
Electronic Data Involved: Electronic files
Keywords: 7 million, sanctions, unusually deplorable, perjury, bizarre, rat droppings
Identified State Rule(s): “American Rule”