Get the Complete Guide to Preservation Case Law 2008-2016
Zapproved has published its updated Preservation Case Law Summaries 2008-2016, the definitive guide to preservation case law with summaries tagged by venue, sanction and topic.
The guide can be downloaded from Zapproved’s website.
Zapproved says courts are analyzing preservation cases 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.
The new version contains 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
