| Case Citation: |
Elec. Machinery Enters., Inc. v. Hunt. Constr. Group, Inc., 2009 WL 2710266 (Bankr. M.D. Fla. Aug. 28, 2009) |
| Nature of Case: |
Action for breach of contract, spoliation, breach if implied warranties |
| Electronic Data Involved: |
Hard copy and ESI |
| E-Discovery Issue: |
Despite finding defendants “intentionally destroyed relevant documents at a time when litigation was foreseeable” the court declined to award sanctions where it was not established the documents were “critical for proving” plaintiff’s case, a prerequisite for such sanctions under Florida law |
| Case Summary: |
Not Available |
| Attributes: |
Motion for Sanctions; Data Preservation; Spoliation |
|
| Case Citation: |
Martino v. Wal-Mart Stores, Inc., 908 So.2d 342 (Fla. 2005) |
| Nature of Case: |
Personal injury |
| Electronic Data Involved: |
Surveillance videotape |
| E-Discovery Issue: |
Florida Supreme Court declined to recognize an independent cause of action for first-party spoliation of evidence, and stated the appropriate remedies for spoliation of evidence are discovery sanctions and a rebuttable presumption of negligence for the underlying tort |
| Case Summary: |
Available |
| Attributes: |
Motion for Sanctions; Data Preservation; Spoliation |
|
| Case Citation: |
Southeastern Mech. Servs., Inc. v. Brody, 2009 WL 2242395 (M.D. Fla. July 24, 2009) |
| Nature of Case: |
|
| Electronic Data Involved: |
Emails |
| E-Discovery Issue: |
Despite finding that plaintiff deleted emails subject to preservation by failing to suspend the automatic overwriting of backup tapes, court denied defendant’s motion for sanctions absent a showing of bad faith, where such a showing was required under Florida Law and where the 11th circuit had not yet set forth specific guidelines for spoliation sanctions |
| Case Summary: |
Available |
| Attributes: |
Motion for Sanctions; Spoliation; Backup Media Recycling; Backup Tapes |
|
| Case Citation: |
State v. City of Clearwater, 863 So.2d 149 (Fla. 2003) |
| Nature of Case: |
Suit by newspaper to access city employees’ emails under public records law; issue was certified to Florida Supreme Court as “question of great public importance” |
| Electronic Data Involved: |
Personal email stored on government-owned computers |
| E-Discovery Issue: |
City employees’ personal email not subject to disclosure under public records law because it fell outside the state’s statutory definition of public records; mere placement of such email on government-owned computer system does not transform such email into a “public record” |
| Case Summary: |
Not Available |
|
