Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members
E-Discovery LLC
NOVEMBER 29, 2024
The Court set out the standard formula for spoliation – – there must be a duty to preserve, breach with a culpable state of mind, and prejudice, i.e., loss of “relevant” evidence that would have supported the claims or defenses of the discovering party. at *2; see Fed.R.Civ.P. 37(e)(for ESI).
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