Sixth Circuit Analyzes Standards for Sanctions for Failing to Preserve
Evidence | Butler Snow LLP - JDSupra
Automated filed a motion for sanctions seeking a default judgment against
Paragon for Paragon’s failure to preserve a server and two hard drives
utilized in the development of the competing software as well as computer
backup tapes.  The district court concluded that Paragon was negligent in
failing to preserve the materials, but that there was no evidence
indicating that Paragon acted with any willful or malicious behavior.
Instead of imposing sanctions, the court indicated that it would consider
the issuance of an adverse inference instruction against Paragon at trial.
After Paragon prevailed on summary judgment, Automated appealed to the
Sixth Circuit.

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