Archive: June 15, 2017

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No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information
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Henkle v. Cumberland Farms (S.D. Fla. , 2017)

No Sanctions for Unintentional, Automatic Deletion of Web History and Related Information

Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017)

In this case, the court denied Plaintiff’s motion for an order permitting a jury instruction regarding Defendant’s failure to preserve web browser history and related information for persons responsible for the preparation of an allegedly defamatory presentation where Plaintiff failed to establish that the lost information could not be restored or replaced through additional discovery or that the failure to preserve was prejudicial or intentional.

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Henkle v. Cumberland Farms (S.D. Fla. , 2017)

Key Insight: whether sanction inappropriate absent bad faith

Nature of Case: personal injury

Electronic Data Involved: video footage

Keywords: surveillance footage, adverse inference, preservation letter, spoliation, Eleventh Circuit, prejudice, significant impairment, other available evidence

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