A Pa. Court's Take On Rule 37(e) And Nonelectronic Info

Law360, New York ( April 18, 2016, 11:16 AM EDT) -- In one of the first cases applying the 2015 amendments to the federal discovery rules that went into effect on Dec. 1, 2015, Judge Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania issued an order and memorandum opinion on March 11, 2016, denying the defendants' motion in limine seeking a negative inference based upon a claim of spoliation of evidence arising out of the failure to preserve emails. See Accurso v. Infra-Red Services Inc., No. 13-7509, 2016 (E.D. Pa. March 11, 2016). A link to the opinion can be found here....

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