Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information
In CONSTANCE COLLINS, ET AL. v. TRI-STATE ZOOLOGICAL PARK OF MARYLAND, INC., ET AL., Civil Case No. 1:20-cv-01225-PX (D. Md. Nov. 19, 2021), before the Court was Plaintiff’s Motion for Sanctions for Spoliation. Plaintiffs’ Complaint alleged that Defendants maintained a public nuisance through the neglect and continued mistreatment of animals
Court Orders Litigation Hold Notice To Be Produced
In Radiation Oncology Servs. of Cent. N.Y., P.C. v Our Lady of Lourdes Mem. Hosp., Inc., EF15-462 (June 9, 2020 NY Supreme Court, Cortland County), Plaintiff’s motion for production of litigation hold was granted after making a preliminary showing of spoliation. The case arose from a dispute between the Plaintiff
Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages
In Beverly John v. County of Lake, 18-cv-06935-WHA(SK) (N.D. Cal. Jul. 3, 2020), the Magistrate Judge recommended that the District Court provide adverse inference jury instructions to the jury based upon a finding that Defendants and their counsel spoliated evidence. The Magistrate Judge also determined that monetary sanctions were appropriate.
Court Chides Defendant for Allowing Deletion of Key Instant Messages
In Franklin v. Howard Brown Health Ctr., Case No. 17 C 8376 (N.D. Ill. October 4, 2018), a workplace harassment and discrimination case, the United States District Court for the Northern District of Illinois recommended that Plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be
Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence
Wiedeman v. Canal Insurance Company et. al., Case No. 15-4182 (N.D. Ga., June 9, 2017) arises out of a truck accident between Plaintiff and Defendant Walter Dorn, a truck driver and employee of Defendant H & F Transfer. The truck was leased from non-party Salem Leasing. On the day of
No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold
Eshelman v. Puma Biotechnology, Inc., Case No. 16-00018 (E.D. N.C., June 7, 2017) is a libel suit related to an allegedly defamatory investor presentation. Plaintiff was an investor in Defendant, a biopharmaceutical company. Plaintiff owns a pharmaceutical research organization called PPD, which contracted with Aventis Pharmaceuticals to provide clinical research
The Choice is Yours: ESI Production Under FRCP 34
Federal Rule of Civil Procedure 34(b)(2)(E) is all about choice: a party can choose to produce electronically stored information (ESI) in the usual course of business, or it can be organized and labeled to respond to the corresponding discovery requests. A seemingly-simple rule, FRCP 34 is often cited as the
What are the Most Common Objections to Search Terms?
Plan Ahead for Challenges Due to Relevance and Overbreadth The initial list of search terms to be used to cull and produce hot documents from electronically stored information (ESI) is a critical stage of the eDiscovery process. Every case will be unique, and there is no “one size fits all”
Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive
In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., Case No. 15-2121 (D. P.R., Mar. 27, 2017), Plaintiff sued Defendants for violations of the Electronic Communications Privacy Act and various Puerto Rico statutes. Defendant Rodriguez-Toledo is a former employee of Plaintiff who allegedly, with the other defendants, stole
Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion
Text messages in electronic discovery are more important than ever in almost all civil litigations. Even more so than email, texts tend to be casual and candid in content, and may not be as carefully considered prior to transmission. This quality makes text messages a particularly prime source of potential