Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law
Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law https://cloudnine.com/wp-content/uploads/2016/05/Gavel2.png 479 270 CloudNine https://cloudnine.com/wp-content/uploads/2016/05/Gavel2.pngIn Franklin v. Howard Brown Health Ctr., the Illinois Magistrate Judge, stating that “the defendant has had to concede that, at the very least, it bollixed its litigation hold – and it has done so to a staggering degree and at every turn”, recommended that the plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and argument to the jury regarding the defendant’s destruction/failure to preserve electronic evidence in this case”.
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