Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 76: Failing to Comply with Preservation Obligations”
Episode 76 is Part I of a two part analysis of In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 2022 WL 1082087 (S.D.N.Y. 2022), April 11, 2022 authored by United States Magistrate Judge Sarah L. Cave. Kelly Twigger will review the decision on the plaintiffs motion for sanctions under Rule 37(b) and 37(e) for failure to preserve and violation of the ESI Protocol agreed to by the parties, and discuss how the defendant’s failure to comply with its preservation obligations set out in an ESI protocol can lead to sanctions.
Good morning and welcome to Episode 76 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant and a principal at ESI Attorneys. Thanks much for joining me today.
As you know, on our Case of the Week series, each week we choose a recent decision from our eDiscovery Assistant case law database and talk about the key issues raised in that decision for litigators, anyone involved in the process of discovery and litigation, and talk about the practical implications of that decision for you on your practice and for your clients.
You can read an article from Law.com written about this week’s case here written by my colleague Phil Favro of Innovative Driven.
All right let’s jump into this week’s decision. This week’s decision comes to us from the Southern District of New York. It’s a decision from the In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation. The decision was from April 11th of 2022 and is authored by United States Magistrate, Judge Susan J. Cave.
