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No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage
In Stovall v Brykan Legends, LLC, No. 17-2412-JWL (D. Kan. Feb. 7, 2019), an employment discrimination case, the court denied Plaintiff’s motion for sanctions based on Defendant’s alleged spoliation of surveillance video footage, stating that “[P]laintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2).” The case
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Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words
In City of Rockford v. Mallinckrodt ARD Inc., No. 17 CV-50107, No. 18 CV-379 (N.D. Ill. August 7, 2018), the United States District Court for the Northern District of Illinois adopted the parties’ proposed order establishing the production protocol for ESI with the inclusion of Plaintiff’s proposal that a random
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SDNY Dismisses Action After Finding Plaintiff Fabricated Emails
In Comlab, Corp. v. Kal Tire, et al., Case No. 17-cv-1907(KBF)(S.D. N.Y. September 11, 2018), the United States District Court for the Southern District of New York granted Defendant’s Motion for Terminating Sanctions on the grounds that Plaintiff willfully and in bad-faith fabricated and spoliated relevant evidence. In this breach
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Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email
In Worldplay, US, Inc. v. Haydon and Eunyt LLC, No. 17-cv-4179 (N.D. Ill. Nov. 14, 2018), the United States District Court for the Northern District of Illinois denied Plaintiff’s Motions for Sanctions on the grounds that Plaintiff had not suffered prejudice under Rule 37(e)(1) due to allegedly destroyed electronically stored
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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
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Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word
In Updateme Inc. v. Axel Springer SE, et al, Case No. 17-cv-05054-SI(LB) (N.D. Cal. October 11, 2018), the United States District Court for the Northern District of California granted Plaintiff’s motion for an order compelling Defendant to randomly select and review 10% of its unreviewed documents, produce all responsive documents
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Plaintiffs Sanctioned for Producing Emails as PDFs
In Johnson, et al. v. Italian Shoemakers, Inc., No. 3:17-cv-00740-FDW-DSC (W.D. N.C. Oct. 22, 2018), the United States District Court for the Western District of North Carolina affirmed the magistrate judge’s Memorandum and Recommendation and granted defendant’s motion for sanctions against Plaintiffs for their failure to comply with a discovery
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Plaintiff Who Deleted Text Messages Avoids Serious Sanctions Because No Intent to Deprive Defendant
In Sinclair v. Cambria County, et al., Case No. 3:17-cv-149 (W.D. Pa, September 28, 2018), the United States Superior Court for the Western District of Pennsylvania granted Defendant’s Motion for Sanctions after finding that Plaintiff violated Rule 37(e) of the Federal Rules of Civil Procedure by failing to preserve electronically
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Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions
In World Trade Centers Association, Inc. v. The Port Authority of New York and New Jersey, No. 15 Civ. 7411 (S.D. N.Y. April 2, 2018), the United States District Court for the Southern District of New York denied Defendant’s Motion for Spoliation Sanctions on the grounds that Defendant failed to
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Ohio Appellate Court Rejects Medical Records Limitation
In Griffith v. Aultman Hosp., 2017-Ohio-8293, the Fifth Appellate Court of Appeals in Ohio addressed whether a complete medical record is limited to the records stored in a hospital’s medical records department. Howard E. Griffith (“Decedent”) underwent surgery at Aultman Hospital (“Aultman”) on May 2, 2012. Two days later, after