"In re State Farm Lloyds" and Degrading Electronically Stored Information (ESI)
Monday, June 19, 2017
Posted by: Deja Miller
Extract from Eric P. Mandel's article "In re State Farm Lloyds" and Degrading Electronically Stored Information (ESI)
Disclaimer: This following reflects my personal views on the subject matter, and not necessarily those of my employer or any of the professional organizations to which I belong.
The recent Texas Supreme Court decision of In re State Farm Lloyds, ___ S.W.3d ___, 2017 WL 2323099 (Tex. Sup. Ct. May 26, 2017) (available on Justia.com) is notable for several reasons. First and foremost, the Court endorsed and adopted for use in Texas state courts the new discovery proportionality standards set forth in the December 2015 amendments to Federal Rule of Civil Procedure 26(b)(1). Secondly, the case favorably referenced and cited to The Sedona Principles, Second Edition as well as the The Sedona Principles, Third Edition that is currently available for public comment. As one of the members of the drafting team for this paper, as well as a member of the Steering Committee for The Sedona Conference Working Group 1 ("WG1"), I was happy to see it receive such early attention from the Texas Supreme Court.
Last week I was interviewed for an article published in Bloomberg BNA on this case. I tried, albeit unsuccessfully, to explain to the reporter one key issue that I felt needed further attention and consideration by the Court, and will likely complicate matters as these cases are returned to the trial court: i.e., the degradation of ESI.
In the tradition of parliamentary procedure, I wish to revise and extend my remarks on this subject for broader consideration.
Download the full article here