This article was written for the American Bar Association was published July 17, 2023.
Preservation of evidence is the cornerstone of litigation. The failure to preserve evidence, in particular video evidence, has significant consequences. Generally, the duty to preserve evidence is triggered when litigation commences or is reasonably anticipated. See, e.g., Philips Elecs. N. Am. Corp. v. BC Technical, 773 F. Supp. 2d 1149, 1195 (D. Utah 2011). Failure to preserve evidence has significant consequences and can lead to sanctions or curative measures from the court.
In Hollis v. CEVA Logistics U.S., Inc., 603 F.Supp.3d 611 (N.D. Ill. May 19, 2022), the U.S. District Court for the Northern District of Illinois imposed curative measures in the form of findings of fact that would be read to the jury detailing the circumstances of CEVA Logistics U.S. Inc.'s spoliation of video-recording evidence and the potential inferences the jury could draw from those circumstances. Hollis involved a wrongful termination suit against CEVA. CEVA fired the plaintiff based on an alleged altercation...
