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Records Management Program <[log in to unmask]>
Date:
Sat, 19 Oct 2013 00:23:12 -0500
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 "... the Duty to Preserve is Triggered "when a litigant knew or should
have known that litigation was
n this case, the court found that the duty to preserve arose after the
at-issue information was destroyed in accordance with Defendant’s document
retention policies and that an adverse inference was not warranted.
Considering the proper standard to employ when assessing when the duty to
preserve is triggered, the court concluded that “the duty to preserve is
triggered only when a litigant knew or should have known that litigation
was imminent (at least in the Seventh Circuit).”

http://bit.ly/1i3t1B8

Source:
http://www.ediscoverylaw.com/2013/10/articles/case-summaries/court-concludes-that-at-least-in-the-seventh-circuit-the-duty-to-preserve-is-triggered-when-a-litigant-knew-or-should-have-known-that-litigation-was-imminent-as-opposed-to-reasonably-foreseeable/
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