Brewer v. BNSF (D. Mont., 2018)

Key Insight: A ruling of prejudice requires specificity as to documents. Intent is required for 37(3) sanctions, but courts can reserve the right to impose a lesser sanction after seeing hope evidence is presented at trial.

Nature of Case: Employment dispute

Electronic Data Involved: e-mails

Keywords: Spoliation sanctions, prejudice, specificity

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