H. Christopher Boehning and Daniel J. ToalH. Christopher Boehning and Daniel J. Toal Ninth Circuit Affirms Dismissal Sanction for Text Message Spoliation
In a recent decision, the Ninth Circuit clarified and affirmed the use of Rule 37(e) as the standard for imposing sanctions for the loss of ESI and upheld the dismissal of a plaintiff's employment discrimination case as a sanction for intentional spoliation of text messages.
April 01, 2024 at 10:00 AM
7 minute read
Federal Rule of Civil Procedure 37(e) was adopted in 2015 to provide federal courts with a uniform standard to determine when and whether to impose sanctions on parties who have failed to preserve electronically stored information (ESI). Courts, though, have differed in their application and interpretation of the rule, and scant guidance on Rule 37(e) has been provided to magistrate and district court judges by circuit courts of appeal.
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