eDiscovery Issues: Spoliation and Intent

eDiscovery Issues: Spoliation and Intent

Harry Chang

Associate

 

October 28, 2021

 

In a recent US decision, Cretacci v. Hare, No.: 4:19-CV-55-SKL (E.D. Tenn. Jan. 20, 2021), the court found that the plaintiffs failed to prove that the defendants intentionally deprived them of the video evidence of an alleged assault as required under Rule 37 of the United States Federal Rules of Civil Procedure.  The defendants had received a written request to preserve the video evidence from the plaintiff’s counsel within 30 days of an alleged assault but took no reasonable measures to preserve the requested video, and the video was later deleted.Read More