Tag: Data Preservation

1
Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).
2
Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)
3
Williams v. American College of Education, Inc. (Northern District of Illinois, 2019)
4
Smith v. TFI Family Services (Kansas, 2019)
5
Man Zhang v. City of New York (SDNY, 2019)
6
Woods v. Scissons, 3:17-cv-08038 (D. Arizona, Aug. 14, 2019)
7
Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)
8
Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)
9
Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)
10
Cox v. Swift Transportation Co. of Arizona, LLC (N.D. Okla., 2019)

Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).

Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.

Nature of Case: Employee Termination/Discrimination

Electronic Data Involved: cell phones, company computer, notebooks

Keywords: spoliation; sanctions; automatic deletion

View Case Opinion

Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.

Nature of Case: workplace discrimination

Electronic Data Involved: text messages

Keywords: personal device, text message, obligation to preserve

View Case Opinion

Williams v. American College of Education, Inc. (Northern District of Illinois, 2019)

Key Insight: whether the party acted willfully in destroying electronic information by installing a new operating system to his remote access computer

Nature of Case: employment discrimination and retaliation

Electronic Data Involved: destroyed electronically stored information

Keywords: spoliation, updating operating system, electronically stored information

View Case Opinion

Man Zhang v. City of New York (SDNY, 2019)

Key Insight: Spoliation, failure to issue Litigation Hold,

Nature of Case: 1983 Civil Rights

Electronic Data Involved: Hard copy, video, telephone recordings

Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve

View Case Opinion

Woods v. Scissons, 3:17-cv-08038 (D. Arizona, Aug. 14, 2019)

Key Insight: Automatically deleted police dash cam footage is considered spoliated when a serious injury occur s during arrest.

Nature of Case: excessive use of force during arrest

Electronic Data Involved: police dash cam video and audio footage

Keywords: dash camera, police, spoliation

View Case Opinion

Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)

Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.

Nature of Case: Rule 37(e) analysis of the defendant’s actions

Electronic Data Involved: Video Clips, CCTV and VDR

Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL

View Case Opinion

Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)

Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed

Nature of Case: excessive force – prison

Electronic Data Involved: cell phone pictures

Keywords: work image on personal cell phone

View Case Opinion

Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)

Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation

Nature of Case: personal injury

Electronic Data Involved: deleted photographs

Keywords: sand, egregious

View Case Opinion

Cox v. Swift Transportation Co. of Arizona, LLC (N.D. Okla., 2019)

Key Insight: whether sanctions are appropriate where data on tracking device subject to automatic deletion which occurred before spoliation notice

Nature of Case: personal injury – vehicle accident

Electronic Data Involved: electronic control module (ECM)

Keywords: tracking device

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.