Archive: March 24, 2017

1
Harmon v. United States (D. Idaho, 2017)
2
Crow v. Cosmo Specialty Fiber (W.D. Wash., 2017)

Harmon v. United States (D. Idaho, 2017)

Key Insight: Inherent authority was used by the court to find a spoliation violation in failing to keep records as legally required. FRCP Rule 37(e) not cited, but the outcome would likely have been the same.

Nature of Case: Negligence

Electronic Data Involved: Maintenance logs and records

Keywords: Spoliation, sanctions, adverse inference

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Crow v. Cosmo Specialty Fiber (W.D. Wash., 2017)

Key Insight: When ESI is recovered, it is not lost, and thus no spoliation. Further, there is no evidence that the delay was prejudicial.

Nature of Case: Workplace injury

Electronic Data Involved: an e-mail

Keywords: Spoliation sanctions, recovered ESI, prejudice

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