H. Christopher Boehning and Daniel J. ToalNinth Circuit Rules on Inherent Authority and FRCP 37(e)
The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions."
December 02, 2024 at 12:23 PM
8 minute read
In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions.
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