Motion For Spoliation Sanctions for Deletion of Surveillance Video Denied … Read more » Court Concludes Defendant Did Not Take Reasonable Steps to Preserve Evidence in Anticipation of Litigation … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Concludes Defendant Did Not Take Reasonable Steps to Preserve Evidence in Anticipation of Litigation … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
“Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Motion For Sanction Denied Where No Prejudiced Shown … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage … Read more » SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
SDNY Dismisses Action After Finding Plaintiff Fabricated Emails … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement … Read more » Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions … Read more » Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage … Read more » Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Grants Spoliation Sanctions for Deleted Social Media Accounts … Read more » Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions … Read more » Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence … Read more » Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion … Read more » Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case … Read more » Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction … Read more » Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’ … Read more » Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery … Read more » No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Spoliation by US Department of Labor Based on Sovereign Immunity … Read more » Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case … Read more » Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes … Read more » Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records … Read more » Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions … Read more » Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case … Read more » Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording … Read more » Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions … Read more » Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith … Read more » Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire … Read more » Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought … Read more » Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter … Read more » Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos … Read more » In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones … Read more » In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI … Read more » No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Spoliation Sanctions Where Moving Party Offered No Proof of Intent … Read more » Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case … Read more » No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No New Trial in Case Where Court Imposed $5 Million Fine for Defendant’s Spoliation … Read more » Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence … Read more » Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Denies Plaintiff’s Motion for Spoliation Sanctions When Evidence Requested Was Not Lost and Plaintiff Was Not Prejudiced By Deprivation of Information … Read more » Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Demands Specificity in Motions to Compel Discovery … Read more » Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Grants Defendant’s Motion for Sanctions for Spoliation of Evidence After Plaintiff Admits to Destroying a Journal Which Should Have Been Produced … Read more » Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails … Read more » Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation … Read more » Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury … Read more » Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order … Read more » Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order … Read more » District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order … Read more » Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions … Read more » Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions … Read more » Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence … Read more » Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence … Read more » Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow … Read more » Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules … Read more » Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent … Read more » U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent … Read more » Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendants’ Failure To Make Showing On Motion To Compel Abrogates Sanctions Against Plaintiff For Refusing to Meet and Confer … Read more » Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions … Read more » Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order … Read more » Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence? … Read more » Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI … Read more » Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Plaintiff Unable to Establish Spoliation Despite Suspicious Activity … Read more » Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Defendant Seeking Evidentiary Sanctions for Discovery Disputes … Read more » No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Duty To Protect Data from Unpredictable Act of Nature … Read more » County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings … Read more » CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
CFTC Awarded Sanctions for Contempt as to Fraud Defendant … Read more » Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence … Read more » No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold … Read more » Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case … Read more » After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees … Read more » Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Summary Judgment Granted Despite Destruction of Video Evidence … Read more » ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets … Read more » Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Law Firm Defendant Sanctioned for Negligent Destruction of ESI … Read more » Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
Willful Discovery Misconduct Results in Default Judgment in Successor Liability … Read more » District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation … Read more »
