Tag: Policy on Routine Records Management and Retention

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Void v. T.D. Large (W.D. Va., 2018)
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ML Healthcare Services v. Publix Super Markets (11th Cir., 2018)
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Gipson v. Management & Training Corp., No. 16-CV-624, 2018 WL 736265 (S.D. Miss. Feb. 6, 2018).
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Brown v. Sam?s West Inc. (Nevada District, 2018)
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Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)
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U.S. EEOC v. GMRI (S.D. Fla., 2017)
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Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)
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Moody v. CSX Transportation (W.D.N.Y. , 2017)
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Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017)
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Barry v. Big M Transportation, No. 1:16-cv-00167-JEO, 2017 WL 3980549 (N.D. Ala. Sept. 11, 2017)

ML Healthcare Services v. Publix Super Markets (11th Cir., 2018)

Key Insight: whether non-movant acted in bad faith or with the intent to deprive

Nature of Case: personal injury

Electronic Data Involved: surveillance video

Keywords: Eleventh Circuit, crucial, bad faith, usual course of business, broad and far-reaching request

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Gipson v. Management & Training Corp., No. 16-CV-624, 2018 WL 736265 (S.D. Miss. Feb. 6, 2018).

Key Insight: Motion (denied) for adverse inference based on alleged spoliation.

Nature of Case: 8th Amendment claims under 42 U.S.C. s. 1983

Electronic Data Involved: surveillance video

Keywords: inherent power, adverse-inference instruction

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Brown v. Sam?s West Inc. (Nevada District, 2018)

Key Insight: Adverse inference instruct sanction correct because party failed to preserve video evidence when overhauling system

Nature of Case: sip and fall, premises liability

Electronic Data Involved: video

Keywords: adverse inference instructions, culpable state of mind, destroying video

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Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)

Key Insight: Refusal to produce documents. Clergy-penitent privilege

Nature of Case: Negligence and failure to warn (Sexual Abuse)

Electronic Data Involved: letter,email, fax,ESI

Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel

U.S. EEOC v. GMRI (S.D. Fla., 2017)

Key Insight: whether missing evidence is crucial to movant’s case, whether non-movant had intent to deprive

Nature of Case: employment discrimination

Electronic Data Involved: hard copy, email

Keywords: duty to preserve, litigation hold, permissible inference, bad faith

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Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

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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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Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017)

Key Insight: Plaintiff had kept a journal which was scanned and provided. Original Hard Copy was then destroyed. Judge granted motion for additional deposition time, but denied adverse inference instruction.

Nature of Case: Employment Discrimination; Wrongful Termination

Electronic Data Involved: Hard Copy of Scanned Journal

Keywords: Sanctions, Adverse Inference, Scanned Copy, Hard Copy

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Barry v. Big M Transportation, No. 1:16-cv-00167-JEO, 2017 WL 3980549 (N.D. Ala. Sept. 11, 2017)

Key Insight: Defendant’s failure to preserve the relevant ESI.

Nature of Case: Motor vehicle accident

Electronic Data Involved: Electronic Data/Electronic Control Module (ECM) Vehicle Data Recorder/Black Box and associated data.

Keywords: Spoliation, ECM data

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