"No Matter How Inadequate a Party's Preservation  ... Sanctions are
Not Warranted Unless Infor of Significance  Lost"
Orbit One Commc’ns, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y.
Oct. 26, 2010)

Addressing defendant’s motion for sanctions, the court found that
although “plaintiffs did not engage in model preservation of
electronically stored information in this case,” they were not subject
to sanctions absent evidence that any relevant information had
actually been destroyed.  Significantly, in reaching this decision,
the court took issue with certain aspects of the often-cited Pension
Committee decision issued in the same jurisdiction earlier this year
as well as with the discovery standard of “reasonableness and
proportionality” set forth in another cited opinion, Rimkus v.
Cammarata.


http://bit.ly/asn8aC

Source: http://www.ediscoverylaw.com/2010/11/articles/case-summaries/no-matter-how-inadequate-a-partys-preservation-efforts-may-be-sanctions-are-not-warranted-unless-there-is-proof-that-some-information-of-significance-has-actually-been-lost/

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