Key Insight: whether adverse inference is warranted
Nature of Case: workplace discrimination
Electronic Data Involved: text messages, email
Keywords: relevance, prejudice, obligation to preserve, intent to deprive, gross negligence, inherent authority, sanctions, spoliation, fees, costs, adverse inference, bad faith, willfully
Key Insight: accessibility of data, whether counsel had meaningful discussions with his client regarding the ESI agreement, whether the meet-and-confer was meaningful
Nature of Case: employment discrimination
Electronic Data Involved: e-mail
Keywords: cost shifting, ESI agreement, meaningful negotiation, meet-and-confer, undue burden or expense
Key Insight: petitioner’s motion for contempt, subpoena enforcement
Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..
Electronic Data Involved: text and email messages
Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order
Key Insight: Lack of cooperation and deception on production does not lead to terminating sanctions if evidence was not actually destroyed but does lead to adverse inferences and cost shifting
Nature of Case: Unfair Competition
Electronic Data Involved: Electronic records
Keywords: CrossFit, terminating sanctions, perjury
Key Insight: Specific objections are required for proportionality claims
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: boilerplate, control, former owner and top officers
Key Insight: Intentional deletion and refusal to produce evidence leads to default judgment
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: Default judgment, China, termination sanction
Key Insight: sanctions not appropriate for deletion of original recordings, no alteration of originals
Nature of Case: Termination of employment
Electronic Data Involved: audio recordings, transcripts, photographs
Keywords: deletion of original, termination of employment, Best evidence rule
Key Insight: no duty to preserve
Nature of Case: Assault
Electronic Data Involved: video tape recording, audio recordings
Keywords: spoliation, no duty to preserve
Key Insight: Sanction and adverse inference inappropriate because nothing lost/destroyed was highly probative
Nature of Case: Excessive force
Electronic Data Involved: emails, reports
Keywords: adverse inference
Key Insight: Slow responses to discovery; withholding information; Discovery fraud
Nature of Case: Personal Injury
Electronic Data Involved: Not specifically stated “documents”
Keywords: Attorney Fees; Bad Faith; Withholding information; Misconduct; Sanctions must be compensatory not punitive; Court’s inherent authority; But-For test
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