News & Analysis as of

Spoliation

Court Issues Adverse Inference Sanction for Failing to Preserve Non Party’s Text Messages: eDiscovery Case Law

by CloudNine on

...In Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS) (S.D.N.Y. Aug. 28, 2017), New York District Judge Robert W. Sweet, among other rulings, issued an adverse inference sanction against one of the defendants for its...more

Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law

by CloudNine on

In E.E.O.C. v. GMRI, Inc., No. 15-20561-CIV-LENARD/GOODMAN (S.D. Fla. Nov. 1, 2017), Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion...more

[Webinar] Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong - December 1st, 12:00pm CT

by CloudNine on

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who...more

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

by Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Georgetown E-Discovery Conference Recap: A “Must Attend” E-Discovery Educational Event

by Exterro, Inc. on

Are you looking to be educated by the best and brightest in e-discovery? Are you tired of conference sessions masked as educational but end up being vendor pitches in disguise? Do you want to learn beyond the theoretical? Are...more

Chris Lazarini Analyzes Case Alleging Conspiracy Against FINRA and an Email Archiving Vendor

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which Plaintiffs, attempting to overcome an earlier dismissal of their claims, alleged a conspiracy between an email archiving vendor and FINRA in support of their...more

Court Says Spoliation Motion ‘Borders on Frivolous’

by Zapproved LLC on

Barcroft Media, Ltd. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF), 2017 U.S. Dist. LEXIS 164162 (S.D.N.Y. Sept. 28, 2017). The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question...more

‘Lackadaisical’ Preservation Spurs Monetary Sanctions

by Zapproved LLC on

Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs...more

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

New E-Discovery Guidance for Companies and Litigators

by Payne & Fears on

Every company that uses email or stores files electronically (i.e. every company) finding itself in litigation must comply with increasingly onerous discovery obligations. While electronic storage and transmission of data...more

Plaintiff’s Data Loss ‘Not Innocent’ in Taylor Swift Case

by Zapproved LLC on

Mueller v. Swift, No. 15-cv-1974-WJM-KLM, 2017 U.S. DIST. LEXIS 112276 (D. Colo. July 19, 2017). In this tort action and its famous countersuit, the court granted the defendant partial, rather than severe, sanctions...more

IT Will Scare You – eDiscovery Horrors!

by CloudNine on

Today is Halloween! Hard to believe, but for eight years now, we have identified stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we...more

Houston, We Have a Problem – Court Specifies Jury Instructions to Address Spoliation Findings: eDiscovery Case Law

by CloudNine on

In GN Netcom, Inc. v. Plantronics, Inc., No. 12-1318-LPS (D. Delaware, Oct. 5, 2017), Delaware District Judge Leonard P. Stark chose to determine the preliminary and final jury instructions he would give with respect to the...more

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Litigation Hold Notices Should Not Cloak The Recipient With Discretion Over What Documents To Preserve

by Farrell Fritz, P.C. on

In past blogs, I have discussed the importance of issuing a litigation hold notice (“Hold”), as soon as a litigation is reasonably anticipated. I have also written about various best practices when drafting one’s Hold. [See...more

Potential Adverse Inference Instruction for Unintended ESI Spoliation May Suggest Limitations of Recently Amended Rule 37(e)

Much writing about electronic discovery consists of horror stories, often about harsh sanctions for unintended loss of electronically stored information (ESI). The Federal Rules were amended in late 2015 to address concerns...more

Negligence in Preserving ESI Warrants Monetary Sanctions

by Zapproved LLC on

N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., No. 1:12-cv-00526 (D.N.M. Aug. 16, 2017). Because the defendant was merely negligent in producing discoverable information, the magistrate judge...more

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Transportation Company Policies & Procedures for Retention of Electronic Control Module Data

by Wilson Elser on

On September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted when a...more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

Plaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case Law

by CloudNine on

In Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017), Colorado Magistrate Judge Nina Y. Wang granted (in part) the defendant’s motion for sanctions for the plaintiff’s delay in producing a...more

In the SDNY, A Party Is Sanctioned For The Preservation Failures Of A Third-Party

by Farrell Fritz, P.C. on

Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS), 2017 WL 3721777 (S.D.N.Y. Aug. 28, 2017)- In this case, the Southern District of New York imposed an adverse inference against defendants for their failure to...more

Chief Judge Stark Denies Defendant’s Motion For Summary Judgment In Antitrust Action

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in GN Netcom, Inc. v. Plantronics, Inc., Civil Action No. 12-1318-LPS (D.Del. September 29, 2017), the Court denied Defendant Plantronics, Inc.’s motion for...more

Court Opts for Lesser Sanction for Failure to Preserve Electronic Vehicle Data: eDiscovery Case Law

by CloudNine on

In Barry v. Big M Transportation, Inc., et al., No. 1:16-cv-00167-JEO (N.D. Ala. Sep. 11, 2017), Alabama Chief Magistrate Judge John E. Ott denied the plaintiffs’ request for default judgment sanctions for failing to preserve...more

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy...more

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