Exterro: Deleted Text Messages = No Adverse Inference Because No Intent by Anne Bentley McCray, Esq.

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Extract from Anne Bentley McCray, Esq.’s  article “Deleted Text Messages = No Adverse Inference Because No Intent”

In this fraud case between an employee and employer, the plaintiff filed motion for spoliation sanctions based on the defendant’s failure to preserve relevant text messages.

During discovery, a co-defendant stated that he had exchanged text messages with another defendant concerning issues involved in this case. The co-defendant was unable to produce these text messages “because he had obtained a new phone and had not preserved the contents of his previous phone, despite being put on notice to do so…in a litigation hold letter.”

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