Tag: Policy on Routine Records Management and Retention

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Alston v. Park Pleasant (3rd Circuit, 2017)
2
Creighton v. City of New York (Southern District New York, 2017)
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Simon v. Northwestern Univ., No. 1:150CV01433, 2017 WL 467677 (N.D. Ill. Feb. 3, 2017)
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ILWU-PMA Welfare Plan v. Connecticut General, 3:15-cv-02965-WHA (N.D. Cal., 2017)
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Rockman Company v. Nong Shim Company (Northern District California, 2017)
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Ruehl v. S.N.M. (Middle District Pennsylvania, 2017)
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Saller v. QVC, Inc. (ED Pa., 2016)
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Martinez v. City of Chicago, No. 14-cv-369 (N.D. Ill. June 29, 2016).
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Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)
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Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. May 23, 2016).

Alston v. Park Pleasant (3rd Circuit, 2017)

Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)

Nature of Case: workplace discrimination, disability rights

Electronic Data Involved: unspecified electronic records

Keywords: Rule 37(e) ignored,

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Simon v. Northwestern Univ., No. 1:150CV01433, 2017 WL 467677 (N.D. Ill. Feb. 3, 2017)

Key Insight: Compelling ESI prematurely is not needed if the records will be preserved throughout litigation

Nature of Case: malicious prosecution

Electronic Data Involved: emails, documents

Keywords: Scope of ESI search terms, willingness to produce

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ILWU-PMA Welfare Plan v. Connecticut General, 3:15-cv-02965-WHA (N.D. Cal., 2017)

Key Insight: Service provider failed to preserve ESI

Nature of Case: ERISA action

Electronic Data Involved: ESI contained on servers

Keywords: failure to preserve, servers, service provider, inherent power authority

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Rockman Company v. Nong Shim Company (Northern District California, 2017)

Key Insight: Duty of preservation is not enforceable for foreign company investigated by foreign government with no lawsuits filed in USA

Nature of Case: antitrust

Electronic Data Involved: deleted electronic records

Keywords: duty of preservation foreign, foreign government investigation preserve

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Ruehl v. S.N.M. (Middle District Pennsylvania, 2017)

Key Insight: No spoliation because employees were merely unaware/untrained on surveillance system and didn’t intentionally withhold evidence

Nature of Case: wrongful death, slip and fall

Electronic Data Involved: video surveillance

Keywords: Rule 37 ignored, no culpable state of mind, unaware of surveillance

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Saller v. QVC, Inc. (ED Pa., 2016)

Key Insight: Discovery sanctions motion.

Nature of Case: Workplace discrimination.

Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.

Keywords: Failure to preserve, search terms, motion to compel.

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Martinez v. City of Chicago, No. 14-cv-369 (N.D. Ill. June 29, 2016).

Key Insight: Plaintiff was arrested while police pursuing his brother. Videos from car were mis-labeled and therefore destroyed. Plaintiff could not show bad faith, so no adverse inference instruction.

Nature of Case: civil rights

Electronic Data Involved: Police Car Videos

Keywords: adverse inference; sanctions; bad faith

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Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)

Key Insight: Sanctions for failure to preserve. Plaintiff did not issue a litigation hold until 23 months after reasonable anticipation of litigation.

Nature of Case: Legal malpractice

Electronic Data Involved: ESI destroyed under plaintiff’s record destruction policies: Backup tapes, routine deletion of emails, erasure of hard drives/email accounts.

Keywords: Preservation, spoliation sanctions, adverse inference charge, litigation hold.

Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. May 23, 2016).

Key Insight: Plaintiff threatened legal action, but failed to have it’s vendor stop automatic deletion and did not preserve recrods when email system changed. Defendant was prejudiced by this spoilation. Court allowed witnesses to testify to spoilation and potential contents of those communications.

Nature of Case: incentive programs and Robinson-Patman Act violations

Electronic Data Involved: internal and external communications

Keywords: spoilation; vendor

View Case Opinion

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