Tag prejudice

Plaintiff Sold Her Cell Phone After Litigation Commenced by Michael Berman, E-Discovery LLC.

Plaintiff Sold Her Cell Phone After Litigation Commenced

In Hernandez v. DiBiaso (N.D. Ill. Mar. 9, 2026), the court held that selling a cell phone after litigation began violated preservation duties under Rule 37(e). Although the loss of ESI caused prejudice, the court declined severe sanctions, finding no intent to deprive.

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