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Evidence – Spoliation – Sanctions | Massachusetts Lawyers Weekly

Where plaintiffs have filed a motion for spoliation sanctions, that motion should be denied because (1) a reasonable person in the defendants’ position would not reasonably have expected to be sued at the time of the spoliation and (2) the plaintiffs have not shown that they suffered any prejudice. “Plaintiffs ask the Court to find ....

Judge orders spoliation sanction in commercial dispute | Massachusetts Lawyers Weekly

The defendants pulled out of a deal to build a luxury condo high-rise over the Massachusetts Turnpike, leading to the BLS dispute. (DEREK YU/WIKIMEDIA COMMONS) Defendants in a business dispute engaged in sanctionable spoliation of evidence by failing to preserve communications they knew at the time might be relevant to a possible lawsuit, according to ....

Adam Weiner , Stephen Weiner , Suffolk Construction Co , Superior Court , Plaintiff John Fish ,

Evidence – Spoliation – Security surveillance footage | Massachusetts Lawyers Weekly

Where a plaintiff has filed a motion seeking an adverse inference related to deleted security surveillance footage, the plaintiff has not shown that the surveillance video should have been preserved in anticipation of litigation by the time the surveillance footage was erased or that the deletion was willful. Motion denied. “Plaintiff Luis Sousa initiated this ....

Luis Sousa ,

Spoliation foncière et agression de Guy : Le FRAPP dépose une plainte contre le DG du Coud

Spoliation foncière et agression de Guy : Le FRAPP dépose une plainte contre le DG du Coud ....

G Coud , Gression De Guy ,

You Know It's Bad When The Court Decision Has A Table Of Contents: Part Deux

February 16, 2021 at 12:54 PM
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Every once in a while, a court decision involving e-discovery issues comes along that is particularly instructive. I wrote about a similar case here about 18 months ago. The outcome was not good then; if possible, this one is worse.
Striking are the common themes that run through cases like this. In fact, during my 20-plus years in e-discovery, it has been my experience that in every case in which e-discovery processes have gone off the rails, it is almost always in the early stages that counsel or the client make mistakes.
For the unenlightened, any time a litigation or investigation event is anticipated, is threatened, or actually commences, parties and their counsel have an obligation to preserve information, including electronically stored information (ESI) that may be relevant to the claims and defenses in the case. That’s the rule. And it’s pretty simple. ....

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