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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

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Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. An objectively reasonable person in Fairmount Heights’ position would have taken steps to preserve these accounts. see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul.