Tag:Data Preservation

1
Pueblo of Laguna v. United States, 60 Fed.Cl. 133 (2004)
2
In re Tyco Int’l, Ltd. Sec. Litig., 2000 WL 33654141 (D.N.H. July 27, 2000)
3
R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)

Pueblo of Laguna v. United States, 60 Fed.Cl. 133 (2004)

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

In re Tyco Int’l, Ltd. Sec. Litig., 2000 WL 33654141 (D.N.H. July 27, 2000)

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

R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)

Key Insight: Trial court properly imposed terminating sanctions against plaintiff for egregious discovery abuses, including the deletion of files from hard drives after plaintiff had stipulated that computers and diskettes would not be operated or touched until defendants’ computer expert could examine them

Nature of Case: Breach of contract

Electronic Data Involved: Hard drive, computer files

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