Extract from Doug Austin's article "No Proof of Intent to Deprive Means No Adverse Inference Sanction: eDiscovery Case Law"
We’re catching up on a few cases from earlier this year in preparation for our Key eDiscovery Case Law Review for First Half of 2019 webcast next Wednesday. Here is an interesting case ruling from April.
In DriveTime Car Sales Company, LLC v. Pettigrew, No.: 2:17-cv-371 (S.D. Ohio Apr. 18, 2019), Judge George C. Smith granted in part and denied in part the plaintiff’s motion for spoliation sanctions against defendant Pauley Motor, denying the plaintiff’s request for an adverse inference sanction by ruling that “DriveTime has not sufficiently demonstrated that Pauley Motor acted with the requisite intent” when Bruce Pauley failed to take reasonable steps to preserve text messages when he switched to a different phone. Judge Smith did “order curative measures under Rule 37(e)(1)”, allowing the plaintiff to “introduce evidence at trial, if it wishes, of the litigation hold letter and Pauley Motor’s subsequent failure to preserve the text messages.”
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
TERIS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
HayStackID
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.