In “When the Bough Breaks,” we discussed the December 2015 amendments to Federal Rule of Civil Procedure 37(e). In “Reasonable Steps to Preserve ESI,” we discussed available commentary and cases on what constitutes reasonable steps. In “Intent to Deprive,” we discussed commentary and cases on intent to deprive. In “Courts’ Inherent Authority to Sanction,” we discussed courts’ inherent authority to sanction spoliation. In this final Part, we review some other limitations on sanctions.
So far, we have discussed the major questions of what qualifies as reasonable steps to preserve, what it is a sufficient showing of intent to deprive, and whether courts can opt for inherent authority in place of relying on FRCP 37(e).
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TERIS
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