Tag: Deleted Data

1
Tumlin v. Tuggle Duggins P.A., 15 CVS 9887 (N.C. Sup. Ct. May 22, 2018)
2
Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018)
3
Teal v. Jones, No. 2015-CA-00259-COA, 2017 WL 58824 (Miss. Ct. App. Jan. 3, 2017)
4
Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017)
5
Moody v. CSX Transportation (W.D.N.Y. , 2017)
6
Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017).
7
People v. Miller (Colo. , 2017)
8
Distefano v. Law Offices of Barbara H. Katsos, PC (E.D.N.Y., 2017)
9
Zamora v. Stellar Management Group, Inc. (W.D. Mo., 2017)
10
Organik Kimya v. ITC (Fed. Cir., 2017)

Tumlin v. Tuggle Duggins P.A., 15 CVS 9887 (N.C. Sup. Ct. May 22, 2018)

Key Insight: Preservation orders should be commenced as soon as possible

Nature of Case: Discovery

Electronic Data Involved: E-mail

Keywords: Litigation hold, Preservation, Sanctions

Identified State Rule(s): North Carolina Rules of Civil Procedure 26(g), 37(b)(2)

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Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018)

Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal

Nature of Case: Employment Discrimination

Electronic Data Involved: Cell Phone Video

Keywords: Negligent Spoilation; Perjury; Sanctions

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Teal v. Jones, No. 2015-CA-00259-COA, 2017 WL 58824 (Miss. Ct. App. Jan. 3, 2017)

Key Insight: Spoliation instructions to jury were erroneous and the case was reversed and remanded for a new trial. No evidence of spoliation was presented at trial and hence spoliation instructions were improper. The Court also went on to discuss the spoliation evidence since it could arise in a new trial. The Court found no spoliation with regard to the deleted emails since Plaintiff?s deletion of emails occurred before she could have anticipated a lawsuit. The Court found that the disposal of Plaintiff?s laptop and sale of her desktop might be spoliation of evidence if there is reason to believe the deleted emails could be recovered from either computer?s hard drive. If Defendant can present evidence that the emails could have been recovered then the court may grant her an instruction on spoliation.

Nature of Case: Alienation of affections

Electronic Data Involved: Emails, hard drives

Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017)

Key Insight: Defendant had moved business documents to personal dropbox. when terminated, these were deleted, but potentially restored. Plaintiff wanted re-access to confirm deletion. Defendant moved for dismissal and was denied as Plaintiff had plead enough facts to indicate documents still possibly available to Defendant.

Nature of Case: Breach of Contract; Conversion; Misappropriation of Trade Secrets

Electronic Data Involved: Personal Dropbox Containing Business Documents

Keywords: Motion to Dismiss; Access after employment

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Moody v. CSX Transportation (W.D.N.Y. , 2017)

Key Insight: failure to take reasonable steps to preserve data, prejudice to other party, intent to deprive

Nature of Case: personal injury

Electronic Data Involved: event recorder data: .dat file

Keywords: reasonable steps, adverse inference, relevance of data, event recorder, black box, laptop crash, prejudice, inferred intent to deprive

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Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017).

Key Insight: Jury Instruction due to failure to preserve electronically stored information.

Nature of Case: Defamation

Electronic Data Involved: Web browser history, Internet browser

Keywords: Web browser history, Spoliation

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Distefano v. Law Offices of Barbara H. Katsos, PC (E.D.N.Y., 2017)

Key Insight: To what extent can a party be punished for spoliation under Rule 37(e)? How much does state of mind at the time of spoliation affect the sanction?

Nature of Case: Legal malpractice

Electronic Data Involved: e-mails, electronically-stored records

Keywords: Spoliation sanctions, innocence

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Zamora v. Stellar Management Group, Inc. (W.D. Mo., 2017)

Key Insight: Can the court order additional discovery if a party destroys evidence? Is a prejudice ruling required in a destruction of evidence case?

Nature of Case: Retaliation and discharge

Electronic Data Involved: text messages, emails, social media messages

Keywords: Prejudice, Destruction of evidence, Social media, Text messages

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Organik Kimya v. ITC (Fed. Cir., 2017)

Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith

Nature of Case: patent infringement / misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence

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