Tag: FRCP 37(e) Preservation (effective Dec. 1, 2015)

1
Philmar Dairy, LLC v. Armstrong Farms, No. 18-cv-0530 SMK/KRS (D. N.M. July 11, 2019)
2
Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)
3
Pineda Transportation, LLC et al v. Fleetone Factoring, LLC et al (District Court of Middle District of Tennessee, 2019)
4
Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)
5
University Accounting Service, LLC v. Schulton et al (District Court of Oregon, 2019)
6
J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)
7
International Financial Co. LLC v. Jabali-Jeter (District Court of Eastern Pennsylvania, 2019)
8
Mafille v. Kaiser-Francis Oil Co (N.D. Oklahoma, 2019)
9
Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)
10
Miller v. Thompson-Walk (District Court of Western Pennsylvania, 2019)

Philmar Dairy, LLC v. Armstrong Farms, No. 18-cv-0530 SMK/KRS (D. N.M. July 11, 2019)

Key Insight: Defendant changed phones and with them photos of fire were lost. Plaintiff requested sanctions due to loss of photos. Court rejects sanction as Defendant could not have known about litigation when phones changed.

Nature of Case: Breach of Contract; Fraud

Electronic Data Involved: Cell Phone Photos

Keywords: spoilation; sanctions

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Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)

Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app

Nature of Case: wrongful termination and age discrimination

Electronic Data Involved: emails, text messages.

Keywords: Intentional spoliation, bad faith, encrypted communication application

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Pineda Transportation, LLC et al v. Fleetone Factoring, LLC et al (District Court of Middle District of Tennessee, 2019)

Key Insight: whether the delays in a case as a result of attorney error or inattention could be a reason to dismiss a case

Nature of Case: breach of contract, fraud

Electronic Data Involved: emails, documents

Keywords: evasive, face value

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Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)

Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.

Nature of Case: Dispute over a software platform

Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.

Keywords: spoliation, permissive inference, intent to deprive

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University Accounting Service, LLC v. Schulton et al (District Court of Oregon, 2019)

Key Insight: whether deleting documents for the purpose of depriving the plaintiff of their use in litigation satisfies Rule 37(e)

Nature of Case: breach of contract and unfair competition

Electronic Data Involved: deleted electronic records

Keywords: scholarchip, entrepreneur, webinar

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J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)

Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: emails

Keywords: foxconn, hit2

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Mafille v. Kaiser-Francis Oil Co (N.D. Oklahoma, 2019)

Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice

Nature of Case: workplace discrimination

Electronic Data Involved: deleted electronic records

Keywords: sanctions, destruction, failure to preserve

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Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)

Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions

Nature of Case: Strict product liability

Electronic Data Involved: deleted electronic records

Keywords: superficial cracks

View Case Opinion

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