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”

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