Preservation Case Law Summaries 2008-2016

As we reflect on cases of 2016, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate. The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of willfulness or bad faith; or(ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.