Court Denies Motion for Adverse Inference and Spoliation Instructions; Motion for Restoration from Backup Tapes Denied
Concord Boat Corp. v. Brunswick Corp., 1997 WL 33352759 (E.D. Ark. Aug. 29, 1997)
For approximately a year, the parties attempted to resolve issues concerning defendant’s electronic information. The court instituted a “spot-checking” procedure to help determine the adequacy of all parties’ production. Based on results of that procedure, plaintiff moved for an adverse inference/spoliation instruction based on defendant’s alleged destruction of email. Read More