Highest bidder loses spoliation fight in auction house data breach -
Lexology

A recent case out of the Northern District of Ohio is an unsung victory for
proportionality in that the Court twice declined to sanction a plaintiff’s
“failure” to forensically image computers where computer logs showing the
relevant evidence were sufficient.

The case, Yoder & Frey Auctioneers, Inc. v. EquipmentFacts LLC, was brought
by an online auctioneer of construction equipment against an ex-partner,
EquipmentFacts, which was under contract to run Yoder’s bidding services.
After Yoder ended the partnership, EquipmentFacts accessed Yoder’s website
and posted negative comments about Yoder on a bulletin board and placed
bids for more than $1 million for equipment, according to the lawsuit.
EquipmentFacts won the bid but never paid for the equipment. Yoder sought
damages for lost commissions from the auction.


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