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
e-Lawyering Carrington v Graden, (S.D.N.Y. 2020) September 28, 2020 by KLG PDF Import Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant. Nature of Case: antitrust litigation Electronic Data Involved: Emails Keywords: sanctions,m fabricated evidence View Case Opinion Read more » CASE SUMMARIES ESI Protocol Forensic Imaging Format Of Production FRCP 37(e) Preservation (effective Dec. 1, 2015) Lack of Cooperation / Inaccurate Representations Motion for Sanctions Spoliation
e-Lawyering Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020) August 13, 2020 by KLG PDF Import Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction. Nature of Case: Breach of Contract Electronic Da... Read more » CASE SUMMARIES Data Preservation FRCP 37(e) Preservation (effective Dec. 1, 2015) Motion for Sanctions Spoliation