In a sex discrimination and retaliation lawsuit, a former Texas A&M University-Commerce faculty member asked a Dallas federal court to set aside a magistrate’s ruling denying her motion for sanctions against the school. In her motion for sanctions, the former assistant professor and associate dean alleged that the university had engaged in spoliation of evidence by deleting an email account and destroying a laptop.
The dispute raises questions about how the courts will interpret amendments to rule 37 (e) of Federal Rules of Civil Procedure, which became effective Dec. 1, 2015, according to plaintiff’s lawyer James Sanford of Dallas’ Gillespie Sanford. The amended rule creates a national standard for e-discovery sanctions and allows for less strict preservation requirements for electronically stored information, particularly in the anticipation of litigation.
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