Plaintiffs are subject to new e-discovery burdens too

The federal district court in Massachusetts imposed sanctions after entering an order of dismissal, based on clear and convincing evidence that plaintiff “destroyed or concealed evidence, engaging in an egregious pattern of misconduct that ha[d] hampered the proceedings.” The relevant information was stored on computer disks. The court did not have the new Federal Rules of Civil Procedure, but invoked its inherent equitable powers to award attorneys fees and impose a monetary sanction on the wrongdoing party. Be careful not to get too greedy, however, as the court reduced by half the attorney fees defense counsel sought in its petition. Plasse v. Tyco Electronics

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