Post Process

Everything to do with E-discovery & ESI

Case Blurb: Easton Sports; Closing Yahoo! account violated duty to preserve

Posted by rjbiii on September 3, 2007

Defendant alleged to have stolen trade secrets before changing jobs found by court to have violated the duty to preserve relevant evidence after he closed his Yahoo! account, causing the destruction of all e-mails in that account and the loss of messages he had sent to that account while employed by plaintiff. The magistrate recommended that the Court allow:

  • Plaintiff to present evidence of Defendant’s failure to preserve the documents to the jury;
  • An instruction to the jury that it may presume, based upon the spoliation, that the evidence destroyed would have been favorable to Plaintiff;
  • Plaintiff’s counsel to argue in favor of the negative inference.

Easton Sports, Inc. v. Warrior Lacrosse, Inc., 2006 WL 2811261 (E.D. Mich. 2006).

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