Monday, March 18, 2013

JP Morgan Chase Sanctioned for a Failure to Preserve Skill Codes – eDiscovery Case Law




http://ow.ly/j8Z1z

An article by Doug Austin posted on the eDiscovery Daily blog.

The article states, "Last week, we discussed how the Equal Employment Opportunity Commission (EEOC) was sanctioned for failing to comply with a motion to compel production of social media data that they had been previously ordered to produce. Now, the “shoe is on the other foot” as their opponent in another case has been sanctioned for spoliation of data.

In EEOC v. JP Morgan Chase Bank, 2:09-cv-864 (S.D. Ohio Feb. 28, 2013), District Judge Gregory L. Frost granted the EEOC’s motion for sanctions for spoliation of data, entitling the plaintiff to “a permissive adverse jury instruction related to the spoliation if this litigation proceeds to a jury trial”, and denied the defendant’s motion for summary judgment."  The article provides a link to the case, and discusses why the defendant was sanctioned for spoliation, and describes the data that the defendant failed to properly produce.

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