EmailSpoliation Archives

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July 12, 2017

CFTC Awarded Sanctions for Contempt as to Fraud Defendant

In U.S. Commodity Futures Trading Commission v. Gramalegui, Case No. 15-02313 (D. Colo., June 14, 2017), Plaintiff, a federal institution, filed a civil action against Defendant for fraud. The action was based upon allegations of false statements made by Defendant to Plaintiff, and Plaintiffs’ failure to make required court ordered advertising disclosures. Defendant ran the

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June 26, 2017

No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case

In Fair Labor Standards Act (FLSA) case Jenkins v. Anton et. al., Case No. 15-00283 (M.D. Fl., June 8, 2017), the court entered judgment in favor of Defendants, finding that Plaintiff had not proved that Defendant violated overtime laws. Plaintiff subsequently filed a Motion to Amend Judgment or for New Trial pursuant to FRCP 59,

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April 14, 2017

Sanctions Not Justified in Case of Missing Email Later Produced

In Crow et. al. v. Cosmo Specialty Fibers, Inc. et. al., Case No. 15-05665 (W.D. Wash., Mar. 24, 2017), Plaintiffs sued Defendants for personal injury when Plaintiff Steven Crow was injured by hazardous gas released on September 27, 2012. He was at work at a truck shop, Weyerhaeuser, adjacent to a pulp mill operated by

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January 30, 2017

Bankruptcy Debtor’s Discharge Denied for Failing to Produce Emails Per Court Order

The Patriot Group, LLC v. Steven C. Fustolo (In re Fustolo), Case No. 13-12692, Adv. No. 14-1193 (Bankr. D. Mass., Jan. 11, 2017) is an adversary proceeding filed within an involuntary Chapter 7 bankruptcy case. Defendant owned a company that borrowed millions from Plaintiff; ultimately, Plaintiff sued Defendant and obtained a judgment in excess of

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January 13, 2017

School District Deleted Email Account, But No Spoliation Found

Archer et. al. v. York City School District, et. al., Case No. 13-2826 (M.D. Pa., Dec. 28, 2016) is a case involving a charter school in York, Pennsylvania. Plaintiffs are a group of students and parents suing Defendants to protest the decision not to renew the school’s charter based upon its performance and the hardship

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September 12, 2016

Court Denies ESI Spoliation Motion Regarding Document and iPad Email Deletion

In First American Title Insurance Company et. al. v. Northwest Title Insurance Agency, LLC et. al., Case No. 15-00229 (D. Utah, Aug. 31, 2016), Plaintiffs sued Defendants Smith and Williams, former employees of Plaintiffs, after they started a competing company, Defendant Northwest Title. While setting up the company, Smith and Williams used their wives’ personal

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July 20, 2016

No Sanctions for Deleted Email Account in Lowe’s Hostile Work Environment Lawsuit

In Moore v. Lowe’s Home Centers, LLC, Case No. 14-01459 (W.D. Wash., June 24, 2016), Plaintiff sued Defendant for hostile work environment based upon sexual harassment and pregnancy-related discrimination. During her employment, Plaintiff emailed the Human Resources department and other management about her concerns at least 11 different times. At one point, Defendant’s employees exchanged

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July 8, 2016

Court Sanctions Plaintiff for Missing Emails and Destroyed Laptop

In Learning Care Group, Inc. v. Armetta, Case No. 13-1540 (D. Conn., June 17, 2016), Plaintiff hired Defendants to provide marketing services. During their business relationship, Plaintiff’s chief marketing officer, DeWalt, served as the key point of contact between the parties. Defendants claim DeWalt approved a business arrangement between the parties despite a potential conflict

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July 6, 2016

Court Declines to Order Adverse Inference Instruction for Missing Email

In Lauth v. Covance, Inc., Case No. 14-136 (S.D. Indiana, June 14, 2016), Plaintiff sued Defendant under the Age Discrimination in Employment Act (ADEA) for discrimination and employment retaliation. Defendant hired Plaintiff in 2006 when Plaintiff was 54 years old. The record showed that Plaintiff never received a negative overall employee evaluation, receiving a mark of

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June 29, 2016

Plaintiff’s Case Dismissed Despite Evidence of Electronic Data Spoliation

In Brodie v. Burwell, et. al., Case No. 15-322 (District of Columbia, June 13, 2016), Plaintiff introduced allegations of spoliation to buttress his third attempt to sue the entities and individuals he deemed responsible for his debarment as a university researcher. Plaintiff, a molecular pathologist, was employed at the University of Washington to conduct research. However,

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