Posts Tagged “FRCP 37(e) ESI Spoliation Sanctions (effective Dec. 1”

Europe v. Equinox Holdings, Inc. (S.D.N.Y. 2022)

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 concluded that defendants should have taken steps to preserve the schedule in December 2019 when plaintiff notified defendants […]

Emerson Creek Pottery v. Emerson Creek Events (W.D. Va. 2022)

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” of the emails produced by third parties. Plaintiff contended the content of the email between defendant and his counsel is […]