DuPont v. Kolon: A Lesson In How To Avoid Sanctions For Spoliation Of
Evidence : E-Discovery Law Alert
Two recent decisions in the same case illustrate that, when it comes to
imposing sanctions for spoliation of evidence, what matters is not simply
whether you’ve intentionally deleted relevant evidence, but how you go about
deleting it, and what the record reflects about your intentions. Although
both the plaintiff and the defendant in *E.I. du Pont De Nemours and Co. v.
Kolon Industries, Inc.*, Civil Action No. 3:09cv58, demonstrated that the
other intentionally destroyed relevant evidence, as is detailed below, the
Court sanctioned only defendant Kolon Industries, Inc. (“Kolon”) based on
its manifest bad faith (read the decision
here<http://www.ediscoverylawalert.com/stats/pepper/orderedlist/downloads/download.php?file=http%3A//www.ediscoverylawalert.com/uploads/file/DuPont_Kolon_Opinion.pdf>).
As is discussed in an earlier post on Gibbons’ E-Discovery Law Alert (which
you can read here<http://www.ediscoverylawalert.com/2011/07/articles/litigation-preparedness-strate/motion-for-sanctions-denied-due-to-duponts-reasonable-professional-efforts-to-implement-and-update-litigation-hold-notices>),
plaintiff E.I. du Pont de Nemours and Company (“DuPont”) escaped a similar
fate based on its demonstrable good faith. In short, this case teaches that
the intentional deletion of relevant evidence does not per se lead to
sanctions. Rather, the parties’ conduct — or misconduct, as the case may be

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Source:
http://www.ediscoverylawalert.com/2011/09/articles/legal-decisions-court-rules/dupont-v-kolon-a-lesson-in-how-to-avoid-sanctions-for-spoliation-of-evidence/
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