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Preservation Case Law
Summaries 2008-2016

Courts Maintain High Bar Before Imposing Sanctions for
Spoliation and Demand Better Discovery Practices

As we reflect on cases of 2016, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate. The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of  willfulness or bad faith; or(ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.

Download to learn more about these most recent preservation cases:

  • Noble Roman’s, Inc. v. Hattenhauer Distrib. Co.

  • Living Color Enters. v. New Era Aquaculture, Ltd.

  • First Fin. Sec., Inc. v. Lee

  • Brown Jordan Int’l, Inc. v. Carmiclet

  • In re Takata Airbag Prods. Liab. Litig.

  • Best Payphones, Inc. v. The City of New York


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