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

1
4DD Holdings, LLC. v. USA (US Court of Federal Claims, 2019)
2
Neely v. The Boeing Company (Western Disctrict of Washington, 2019)
3
Drive Time Car Sales Company, LLC v. Pettigrew (Southern District of Ohio, 2019)
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Resnik et al v. Coulson (District Court of Eastern District of New York, 2019)
5
Wakefield v. Visalus, Inc. (District Court of Oregon, 2019)
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Palomo v. DeMaio et al (District Court of Northern District of New York, 2019)
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Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)
8
Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)
9
Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)
10
Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)

4DD Holdings, LLC. v. USA (US Court of Federal Claims, 2019)

Key Insight: whether the government intentionally acted in a way that destroyed evidence

Nature of Case: copyright infringement

Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information

Keywords: spoliation, reasonable steps to preserve, decommissioning

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Drive Time Car Sales Company, LLC v. Pettigrew (Southern District of Ohio, 2019)

Key Insight: Without intent, adverse inference cannot be granted in spoliation of evidence but lesser sanctions still can

Nature of Case: Wrongful termination,

Electronic Data Involved: Text messages

Keywords: duty to preserve, auction, preowned vehicles

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Resnik et al v. Coulson (District Court of Eastern District of New York, 2019)

Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)

Nature of Case: computer fraud

Electronic Data Involved: deleted electronic records

Keywords: spyware, digital fingerprints

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Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)

Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.

Nature of Case: Improper business practices

Electronic Data Involved: google email accounts and electronic dealer management system records

Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)

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Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)

Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions

Nature of Case: Employment/breach of contract

Electronic Data Involved: Email, text messages

Keywords: 30 day deletion, InoSpine

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Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)

Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.

Nature of Case: Employment Discrimination

Electronic Data Involved: E-mails and Documents regarding employee hotline

Keywords: Spoilation; Agreements between Parties

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Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)

Key Insight: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections

Nature of Case: Trade Secret Misappropriation

Electronic Data Involved: documents

Keywords: judge warns of sanctions

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