Rimkus Consulting Group, Inc. v. Cammarata

MEMORANDUM AND OPINION

LEE H. ROSENTHAL, District Judge.

Spoliation of evidence — particularly of electronically stored information — has assumed a level of importance in litigation that raises grave concerns. Spoliation allegations and sanctions motions distract from the merits of a case, add costs to discovery, and delay resolution. The frequency of spoliation allegations may lead to decisions about preservation based more on fear of potential future sanctions than on reasonable need for information. Much of the recent case law on sanctions for spoliation has focused on failures by litigants…