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

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