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Florida (ESI) Related Cases

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
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