e-Lawyering Europe v. Equinox Holdings, Inc. (S.D.N.Y. 2022) March 21, 2022 by Robertson Noreus Key Insight: Plaintiff brought a motion for sanctions alleging defendants failed to preserve a key piece of evidence (the September 2019 managers’ schedule from the month when she was terminated) in her employment discrimination suit. The court c... Read more » Adverse Inference CASE SUMMARIES Failure to Preserve FRCP 37(e) ESI Spoliation Sanctions (effective Dec. 1 Motion for Sanctions Sanctions Spoliation
e-Lawyering Emerson Creek Pottery v. Emerson Creek Events (W.D. Va. 2022) February 18, 2022 by Robertson Noreus Key Insight: Plaintiff moved for spoliation sanctions against defendants relying on (1) an inadvertently disclosed email between defendant and his counsel discussing the preservation of emails, and (2) defendants did not produce a “mirror image&#... Read more » Adverse Inference CASE SUMMARIES FRCP 37(e) ESI Spoliation Sanctions (effective Dec. 1 Motion for Sanctions Spoliation