Extract from Doug Austin’s article “Ten BRUTAL Sanctions Case Law Rulings”
Who says sanctions don’t have teeth since 2015? Here are ten BRUTAL sanctions case law rulings in just the past three years!
Believe it or not, there are several other cases I could have included as well, but I decided to continue the “ten” theme of last week’s ESI Protocol post. So, here are ten BRUTAL sanctions case law rulings over the three year history of eDiscovery Today!
#1: The Case Where They Decided to Start Using DingTalk After the Case Was Filed
Using ephemeral messaging app DingTalk was only one of several efforts to spoliate data in WeRide Corp. v. Huang et al. End result: terminating sanctions against most of the defendants.
#2: The Case Where the Screenshot “Spoiled” the Source Code Control System Data
Another terminating sanction case: QueTel Corp. v. Abbas, where defendants were shown to have intentionally destroyed relevant evidence several times, including their source code control system. They claimed they didn’t use one, but the named defendant sent a screen shot of code to a colleague that proved they did. Whoops.
