In this episode of Case of the Week with Kelly Twigger, we delve into a pivotal decision addressing the failure to preserve electronically stored information (ESI) and its costly consequences. The case highlights a retaliation claim against the City of Atlanta, centering on the loss of critical text messages and the resulting sanctions.

Kelly breaks down the District Court's analysis under Federal Rule of Civil Procedure 37(e), explaining the nuanced distinction between prejudice under subsection (1) and intent under subsection (2). The Court's decision to deny summary judgment as a sanction underscores the profound impact of spoliation on litigation outcomes.

Key takeaways include the importance of timely identification and preservation of ESI, particularly from mobile devices, and the severe repercussions of neglecting these obligations. Kelly offers practical advice for counsel on how to mitigate risk and ensure compliance, emphasizing the value of tools for targeted collections and early action.

Join us to learn why failing to preserve even a handful of text messages can derail an entire case and how proactive strategies can safeguard your clients.

Don’t miss this deep dive into a landmark ruling that every litigator should know.

 Maziar v. City of Atlanta (June 18, 2024)
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Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on ediscovery, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy. Join us next episode as we break down another important case shaping the future of ediscovery.