Research Guides : Discovering E-Discovery: Production / Sanctions

Sedona Conference

The Sedona Principles Addressing Electronic Document Production, Third Edition (2018)
The Sedona Principles Addressing Electronic Document Production, Law: KF8900 S44 (2004)

Order, Floeter v. City of Orlando, Docket No. 6:05-cv-00400-ACC-GJK (Feb. 7, 2007)

Sanctions denied where evidence already detroyed at point litigation hold requested.
Order, Point Blank Solutions v. Toyobo America, Docket No. 09–61166–CIV (April 5, 2011)

Sanctions denied where duty to preserve ran to entity other than party requesting sanctions and bad faith not found.
Southeastern Mechanical Services v. Brody (M.D. 2009)

Order granting, in part, plaintiff's motion for spoliation sanctions (adverse jury instruction).
Southeastern Mechanical Services v. Brody (M.D. 2009)

Order denying defendant's motion for spoliation sanctions (no duty to preserve; no bad faith).
Swofford v. Eslinger, 671 F.Supp.2d 1274 (M.D. Fla. 2009)

Order granting spoliation sanctions (adverse jury inference, fees and costs) for bad faith failure to preserve after litigation hold received.

Simon Property Group v. Lauria, Docket No. 6:11-cv-01598-GAP-KRS
Magistrate's Report and Recommendations granting Plaintiff's motion for spoliation sanctions (default, costs and fees)
Simon Property Group v. Lauria, 6:11-cv-01598-GAP-KRS
Order confirming and adopting Magistrate's Report and Recommendation regarding spoliation sanctions.
Dombrowski v. Lumpkin County (N.D. Ga. 2013)
Sanctions are not appropriate where failure to provide ESI was result of routine, good faith e-mail destruction practice.
Amer. Hospitality Mgmt. Co. v. Hettiger, 904 So.2d 547 (4th DCA 2005)
Where evidence critical to prove claim is under exclusive control of party against whom it might have been used and is lost or destroyed, court may deliver adverse jury instruction.
Hagopian v. Publix Supermarkets, 788 So.2d 1088 (4DCA 2001)
Metropolitan Dade Co. v. Bermudez, 648 S.2d 197 (1DCA 1994)
Exclusion of expert testimony as sanction.
Palmas Y Bambu v. E.I Dupont De Nemours Co., Inc., 881 So.2d 565 (3DCA 2004)
Adverse inference instruction invaded fact-finding province of jury.