Text Messaging/Phone Records Establish Anticipation of Litigation;
Spoliation Sanctions for Selective Preservation
In this case, Defendants sought to exclude all messages between Plaintiff
and a particular email address/unknown person (the alleged harasser) and
also asked that the case be dismissed with prejudice because of Plaintiff’s
(apparently selective) failure to preserve more than 38 messages. The court
found that Plaintiff had violated his duty to preserve and that an adverse
inference was warranted.  Notably, the court’s determination that Plaintiff
reasonably anticipated litigation turned on the analysis of his phone and
messaging records, which were produced to Defendants by Plaintiff’s service
provider.

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Source:
http://www.ediscoverylaw.com/2014/01/articles/case-summaries/text-messagingphone-records-establish-anticipation-of-litigation-spoliation-sanctions-for-selective-preservation-of-texts/
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