Key Insight: Confident that defense counsel would advise their clients of preservation duty and admonish them of dire consequences of violating same, court denied plaintiff’s motion to preserve evidence in absence of some proof that evidence may be lost or destroyed without it
Nature of Case: Drug products liability
Electronic Data Involved: Discoverable information in paper or electronic format
Key Insight: Government’s past evidentiary failures in other similar litigation appeared to be so pervasive and systematic as to provide ample support for issuance of a document preservation order in this case
Nature of Case: Tribe sued government for mismanagement of trust accounts
Electronic Data Involved: Documents stored in various media related to parties’ claims
Key Insight: Plaintiffs allowed to serve appropriately-worded subpoenas on certain third parties for limited purpose of giving notice of action and placing them under duty to preserve relevant evidence
Nature of Case: Securities fraud
Electronic Data Involved: Unspecified electronic data of third parties
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