Spoliation in the eyes of an appellate court
The magistrate found that although Paragon had utterly failed in meeting
its preservation duties, its failure was merely negligent and not willful
or malicious to any degree. Plaintiff had been unable to produce evidence
that a server that had been discarded was used to create the allegedly
infringing software, a fact which Paragon disputed in affidavits. However,
the failure to preserve the hard drive of one of the key software
developers led the magistrate to recommend an adverse inference
instruction. (The magistrate also recommended granting Paragon’s summary
judgment motion for reasons which are not relevant to e-discovery.) The
district court, agreeing with the magistrate, dismissed plaintiff’s
substantive claims and therefore decided that the sanctions motion was moot.

 http://bit.ly/1pWuEDw

Source:
http://www.insidecounsel.com/2014/09/10/spoliation-in-the-eyes-of-an-appellate-court?ref=nav
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