In April, Damien Riehl brought us the story of the Eight Circuit's ruling in Greyhound Lines, Inc. v. Wade that there was no abuse discretion in a trial court's denial of sanctions for spoliation, where the movant failed to demonstrate intent and prejudice. In another post, last month, I discussed the precarious possibilities of forensics experts, who can ruin a case.
Bringing these two topics together, we have the case of Doe v. Norwalk Community College, where the U.S. District Court in Connecticut imposed spoliation sanctions for a party's failure to prevent the destruction of evidence. Defendants sought shelter under safe harbor provision of Fed.R.Civ.P. 37(f), but the district court disallowed the defendants to take advantage of the provision, since they made no attempts to preserve relevant evidence. The credibility of the computer forensics experts (or non-experts, depending how one might characterize them) decided the outcome of this case. >> read more >>