Wednesday, August 28, 2013

New case: Prejudice is Presumed When ESI Destruction is Willful

An interesting read from last week: Sekisui America Corp. was sanctioned for deleting the emails of the former president of a merger target whom it is suing for breach of contract. One of the disputes at issue is whether sanctions were warranted against the plaintiff company for deleting a defendant’s email folder. The fact that the email folder was destroyed was undisputed, but plaintiff claimed it was an innocent mistake to free up space on the server. Defendants sought sanctions.

Here's the case: 

In the Court’s order regarding an adverse inference instruction, Judge Scheindlin found as a matter of law that the destruction took place after the duty arose, but left as a question of fact for the jury to decide whether to presume the evidence was favorable to the Harts