In this case, a magistrate judge imposed severe sanctions for Defendants’
failure to preserve “all documents” once litigation began.  Specifically,
the magistrate judge held that “once litigation began, [Defendants] had a
duty to stop its document retention policies ‘and to preserve *all
documents* because you don’t know what may or may not be relevant.’
(Emphasis added.)”  The sanction was upheld by the district court and
resulted in a $10 million award for lost profits damages.  On appeal,
however, the Fourth Circuit found that the “standard applied by the
magistrate judge constituted an abuse of discretion,



-- 
Peterk
Dallas, Tx
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"The problems of our economy have occurred not as an outgrowth of
laissez-faire, unbridled competition.
They have occurred under the guidance of federal agencies, and under the
umbrella of federal regulations."
Senator Ted Kennedy, in defending trucking deregulation in 1978.

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