Tragic Bus — Zubulake Who? | eLessons Learned

Here at eLLBlog (Spanish, for “The Blog” ?), much electronic ink has been
spilled over the parochially iconic *Zubulake** line of decisions, and for
good reason: Read why here <http://ellblog.com/?p=1266>,
here<http://ellblog.com/?p=1271>,
and here <http://ellblog.com/?p=1273>.  But a recent decision from a New
Jersey federal court limits the *Zubulake *doctrine’s scope in possibly
important ways.

In Major Tours v. Colorel, the plaintiffs, a group of bus companies, sued
the State of New Jersey for discrimination, claiming that the state agency
in charge of tour bus safety inspections racially profiled certain
African-American run tour bus companies.  In the run up to litigation, the
state agency allowed voluminous amounts of e-mail to be erased because it
failed to institute an adequate litigation
hold<http://ellblog.com/?tag=legal-holdpreservation>—this,
by the way, long after the agency had a legal duty to preserve all relevant
electronic documents.



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Source: http://ellblog.com/?p=2857
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