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No Adverse Inference for Damage to Only Copy of Disk Absent Evidence of
Materiality; Monetary Sanctions Imposed
the court concluded that “[i]n these circumstances, Cognex’s failure to
make a copy of the CD before shipping it to their expert [wa]s sufficient
to infer a culpable state of mind.”  The court declined to impose an
adverse inference, however, absent evidence of the materiality of the
contents of the disk:

http://bit.ly/LikoJe

Source:
http://www.ediscoverylaw.com/2014/01/articles/case-summaries/spoliation-sanctions-imposed-for-damage-to-original-disk-in-shipping/
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