A federal judge’s most recent opinion in an ongoing matter provides remarkable insight into several issues that arise frequently in e-discovery.
Magistrate Judge Paul Grimm’s lengthy opinion in Victor Stanley Inc. v. Creative Pipe Inc., filed Sept. 9, is worth the read if only for its review and distillation of the case law regarding spoliation and remedies. But the opinion is newsworthy because it sets out a harsh remedy for the defendant whom he found had destroyed evidence, lied to the court and dragged out proceedings — civil contempt, with the defendant facing severe costs and fines or a two-year prison sentence if he fails to pay that fine.
