Meet and Confer with Kelly Twigger

Another Example of Failure to Preserve Text Messages Leading to Dismissal


Listen Later

Can the intentional deletion of text messages really cause a lawsuit to crumble? Join Kelly Twigger, as we unravel the intricacies of a pivotal Ninth Circuit Court of Appeals decision that led to the dismissal of a case due to spoliation sanctions. This episode uncovers the problematic actions of plaintiff Alyssa Jones in the Jones v. Riot Hospital Group LLC case, focusing on her alleged deliberate destruction of critical communications. By highlighting the appellate court's affirmation of the district court's decision, we delve into the concept of bad faith in handling electronically stored information and the dire consequences of not adhering to discovery obligations.

Explore the nuances of Rule 37(e)(2) sanctions and grasp the broader implications for litigation strategy and data preservation. We dissect how the Ninth Circuit's interpretation of intent and prejudice played a crucial role in this case’s dismissal and the inescapable need for comprehensive preservation of mobile data. With expert insights, this episode serves as a crucial reminder for legal professionals on the strategic use of discovery tools and taking proactive measures to preserve electronic data.
 
 Jones v. Riot Hosp. Group, LLC,
Read the blog about this case- eDiscovery Assistant Blog
eDiscovery Assistant Website
Sign up for Kelly's Case of the Week Newsletter
here
eDiscovery Assistant Free 7 day Trial (no credit card required)

Thank you for tuning in to Meet and Confer with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on creating cost-effective discovery strategies leveraging ESI, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy.

...more
View all episodesView all episodes
Download on the App Store

Meet and Confer with Kelly TwiggerBy Kelly Twigger

  • 5
  • 5
  • 5
  • 5
  • 5

5

8 ratings


More shows like Meet and Confer with Kelly Twigger

View all
Pivot by New York Magazine

Pivot

9,539 Listeners

The Daily by The New York Times

The Daily

112,408 Listeners

Lovett or Leave It by Crooked Media

Lovett or Leave It

25,156 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

15,931 Listeners