Thinking About Destroying that Computer That Contains Damaging Evidence? Think Again.
Kevin Hickey
Courts (judges) seem to be having no problems with finding, implementing, and enforcing discovery sanctions against litigants for violating e-discovery rules. Punishments have ranged from adverse inference instructions and deeming certain facts as established to dismissing the case entirely. Here are some illustrative cases (cites)....
464 F.3d 951 (2006); 230 F.R.D. 582 (D.Minn. 2005); 2006 WL 2670038 (D.Minn. 2006); 2006 WL 2401099 (E.D. Tex. 2006); 229 F.R.D. 422 (S.D.N.Y. 2004); 2006 WL 3231422 (M.D. Fla. 2006); 2006 WL 2808158 (N.D. Ill. 2006)