Government Sanctioned For Destruction Of Documents - Litigation, Mediation
& Arbitration - United States
U.S. district court decision may now allow defendants in False Claims Act
cases to obtain sanctions where potentially relevant documents are lost or
destroyed due to the government's failure to issue a timely litigation hold.

In *United States ex rel. Baker v. Community Health Systems, Inc.*, the
U.S. District Court for the District of New Mexico upheld Magistrate Judge
Alan Torgerson's recommendation of sanctions against the federal government
for failing to issue a timely and adequate litigation hold.1 The court held
that sanctions were appropriate because the government's actions resulted
in the destruction of electronically stored information (ESI) that could
have been helpful to Community Health Systems' defense.



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