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Latest Trends and eDiscovery Case Law

Posted on October 18th, 2017 by ilsteam

In Blasi v. United Debt Services, No. 2:14-cv-83, (S.D. Ohio Feb. 21, 2017), the Court ruled that a named party in a class action was prejudiced by a Defendant’s intentional destruction of potentially relevant evidence, and failure to comply with Court-ordered discovery. The original complaint alleged, on a class action basis, that various defendants violated …

Posted on October 16th, 2017 by ilsteam

In Camecia v. Cooley, No. 74048-2-1, (Wash. Ct. App. Div. I, 2017), the Court of Appeals of Washington, Division 1, upheld a lower court’s imposition of sanctions for willful violations of discovery rules. On June 19, 2006, Susan Camicia (“Camecia”) hit a wooden bollard while riding her bicycle on the I-90 Trail in the City. …

Posted on October 13th, 2017 by ilsteam

The United States District Court D, Nebraska heard the case of Inderjeet Basra, individually and as Personal Representative for the Estate of Atinderpal Singh, Dilshaan Rehal, by and through his next friend, Inderjeet Basra v. Ecklund Logistics, Inc., No. 8:16CV83, (D. Neb., March 2017) where the Plaintiff claimed the Defendant intentionally destroyed evidence to hide …

Posted on October 11th, 2017 by ilsteam

The United States Court of Appeals for the Third Circuit determined that there was no bad faith involved regarding a question of accessabiltiy of evidence in Alston v. Park Pleasant, Inc., No. 16-1464.  (3rd. Cir. Feb. 2017), and so the pre-requisite bad faith intent needed for ordering spoliation sanction was missing. In August 2011, Joanie …

Posted on October 9th, 2017 by ilsteam

In New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian Healthcare Services, No. 1:12‐cv‐00526, (D. N.M., Aug. 2017), the court rejected a motion for spoliation sanctions where the moving party did not provide enough evidence to show bad faith or prejudice. Under Rule 37 of the FRCP, the Court may sanction a party if electronically …

Posted on October 6th, 2017 by ilsteam

In Barry v. Big M Transportation, Inc., No. 1:16-cv-00167-JEO (Dist. Court ND Alabama, 2017), the United States District Court N.D. Alabama, Eastern Division determined that the failure to preserve a vehicle’s Electronic Control Module in a case involving a vehicle crash constituted spoliation of the evidence. This action arises out of a motor vehicle accident that …