Parties Escape Spoliation Sanctions Even with a "Woeful Lack of Proactivity"
Wolff v. United Airlines (D. Colo. Sept. 17, 2019) showcases being reactive rather than proactive regarding preservation obligations. The two parties in this case escaped spoliation sanctions—even though both parties showed a “woeful lack of proactivity, thoughtfulness or reasonableness in attempting to meet their preservation obligations.” Overview:In this employee termination/discrimination case, the plaintiff and the defendant both moved for spoliation sanctions against each other.The plaintiff alleges that the defendant failed to preserve his company cell phone, company computer, and handwritten notebooks, all of which contained relevant evidence to the case. Based on this... Read More