Thinking About Destroying that Computer That Contains Damaging Evidence? Think Again.
Courts (judges) seem to be having no problems with finding, implementing, and enforcing discovery sanctions against litigants for violating e-discovery rules. Punishments have ranged from adverse inference instructions and deeming certain facts as established to dismissing the case entirely. Here are some illustrative cases (cites)....
464 F.3d 951 (2006); 230 F.R.D. 582 (D.Minn. 2005); 2006 WL 2670038 (D.Minn. 2006); 2006 WL 2401099 (E.D. Tex. 2006); 229 F.R.D. 422 (S.D.N.Y. 2004); 2006 WL 3231422 (M.D. Fla. 2006); 2006 WL 2808158 (N.D. Ill. 2006)