Archive: March 22, 2017

1
Nunnally v. District of Columbia, No. 08-1464 (PLF), 2017 Wl 1080900 (D.D.C. Mar. 22, 2017)

Nunnally v. District of Columbia, No. 08-1464 (PLF), 2017 Wl 1080900 (D.D.C. Mar. 22, 2017)

Key Insight: Despite rule 37(e), the court ordered sanctions for negligent failure to preserve. The court ruled that since rule 37(b) did not apply without a discovery order, the court may issue sanctions under its inherent power. Relevance is proportional to burden on party seeking the adverse inference.

Nature of Case: Workplace discrimination

Electronic Data Involved: email records

Keywords: sanctions, spoliation, adverse inference

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.