TV broadcasting company EchoStar Satellite failed in its duty to preserve relevant e-mails leading up to a $2.5 billion contract dispute with a Cablevision Inc. subsidiary, a unanimous state appeals panel ruled in imposing a sanction of adverse inference at trial.
The Jan. 31 decision of the Appellate Division, First Department, in Voom HD Holdings v. EchoStar Satellite LLC, 600292/08, written by Justice Sallie Manzanet-Daniels (See Profile), was the first by a New York state appellate court to apply the standard for spoliation of electronic evidence set forth by Southern District Judge Shira Scheindlin (See Profile) in 2003 in Zubulake v. UBS Warburg LLC, 220 FRD 212.
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