Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: Court used Flury test, not FRCP 37(e), found that lack of data was not the only source of the data and that plaintiff would not be prejudiced
Nature of Case: Personal injury
Electronic Data Involved: Computer records
Keywords: FedEx, Omnitracs, Flury
Key Insight: Plaintiff failed to show that he was prejudiced by the failure to preserve surveillance footage
Nature of Case: 1983 Civil rights
Electronic Data Involved: surveillance footage
Keywords: failure to preserve, prejudice, spoliation sanctions
Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
Key Insight: spoliation, FRCP 37(e)
Nature of Case: Trademark infringement, unfair competition, breach of contract
Electronic Data Involved: hard copy, email, other ESI
Keywords: oral litigation hold, duty to preserve, destroyed paper files, sanctions, legal hold, sufficient procedures, bad faith, relevance, rule amendment, server migration, negligence, bad faith, gross negligence
Key Insight: Expert opinion re spoliation is discarded. Spoliation motion denied since plaintiff has not shown that there was intent to deprive or that she has suffered any prejudice.
Nature of Case: Excessive force
Electronic Data Involved: Video of the subject of litigation
Keywords: spoliation, intent to deprive, prejudice, expert, affidavit, sanctions
Key Insight: Willfull failure to produce records in discovery; Adverse inferences
Nature of Case: Contract
Electronic Data Involved: ESI
Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records
Key Insight: Sanctions are inappropriate where deleted emails were recovered
Nature of Case: first amendment
Electronic Data Involved: emails, deleted electronic records
Keywords: deleted emails, recovering deleted records
Key Insight: Preservation
Nature of Case: Civil rights /Sec. 1983
Electronic Data Involved: ESI; Video
Keywords: Inmate; Excessive force; Preservation;
Key Insight: Spoliation of text messages, negligent spoliation, analysis under FRCP 37(e)
Nature of Case: Employment, wrongful termination, retaliation
Electronic Data Involved: Text messages
Keywords: Litigation hold, spoliation, text messages, 37(e), jury instruction,
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