May 8, 2023

Trashed: Defendant sanctioned for spoliation of evidence

A federal court granted a motion for sanctions against a defendant truck driver who deleted data on a personal tablet that was mounted on his windshield when an accident occurred. The court found the driver “had a duty to preserve the data on his personal tablet” as “he reasonably anticipated litigation because Plaintiff’s counsel sent […]

Destruction of evidence concept
May 9, 2022

‘Lost and irreplaceable’: Employee sanctioned over spoliation

A federal court has sanctioned an employee who deleted electronically stored information, or ESI, from his former employer’s computers after receiving a litigation hold letter when he was fired for starting a competing company with several co-workers. Judge Roderick C. Young of the Eastern District of Virginia rejected the employee’s argument that his former employer’s […]

Mar 21, 2022

No spoliation inference absent evidence ESI was lost

A request for a spoliation inference in the absence of evidence that electronically stored information, or ESI, was not produced has been rejected by a U.S. District Court judge. During discovery in a trademark case, defense counsel received an email from their client lamenting their unawareness of the need to print or save company emails […]

Apr 16, 2021

Spoliation prompts dismissal as sanction

An insurance company’s bid to recover payments for a fire loss was thrown out of court this month because the company failed to preserve the fire scene. U.S. District Judge Michael F. Urbanski of Roanoke said he dismissed the insurer’s lawsuit against a power company as a sanction for spoliation of evidence. The insurance company’s […]

Oct 5, 2020

Judge tags dentist $140K for deleting evidence

In a court battle in which one dentist is suing another for defamation and for firing him, a circuit judge has ordered the defendant dentist to pay $140,554.65 in attorneys’ fees and costs for deleting digital records requested in discovery. Fairfax County Circuit Judge Michael F. Devine said he also would instruct the jury they […]

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