This article explores what one defendant did wrong when it suspected the plaintiff deleted relevant text messages and how the lessons learned from this case can be applied far beyond missing text messages.
In Hardy v. UPS Ground Freight, Inc., 2019 WL 3290346 (D. Mass. July 22, 2019), Hardy alleged he was wrongly terminated by the defendant, UPS. UPS included with its requests for production any text messages discussing the lawsuit or the issues involved in the lawsuit. Hardy produced text messages in response but revealed during his deposition that he no longer had certain text messages he exchanged with a current UPS employee, because they had taken place a long time before.
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