spoliation of evidence

Tortious Spoliation of Metadata Claim Defeats Motion to Dismiss

June 10, 2014 Josh Gilliland e-Discovery, Spoliation

A Plaintiff brought a motion for tortious spoliation of evidence for the alleged destruction of a native file report after the duty to preserve triggered. The Defendants produced the written report, but the native file and its metadata were gone. Raines v. College Now Greater Cleveland, Inc., 2014 U.S. Dist. LEXIS[…]