In Sekisui America v. Hart, 12 Civ. 3479 (S.D.N.Y. Aug. 15, 2013), U.S. District Judge Shira A. Scheindlin of the Southern District of New York reversed the ruling of a magistrate judge and held that where litigants, knowing that litigation was likely, destroyed the emails of key actors in the litigation, prejudice to the opposing party need not be proved by additional evidence but, rather, could be inferred from the destruction of the data itself.
Who Should Bear the Burden of Proving the Unprovable?
The Legal Intelligencer
September 17, 2013