Key Insight: The meaning of ESI is expansive, includes any type of information stored electronically, and is not limited to data stored on a computer system. Rule 37(e), not inherent authority, is the legal standard for determining whether and what sanctions are appropriate for the loss of discoverable ESI. A negative inference sanction with only be imposed if the spoliating party intentionally lost or destroyed data so it could not be used in litigation.
Nature of Case: Tort
Electronic Data Involved: Detector Device Data