The Electronic Document Retention System Ate My Homework: Gross Negligence and the Rebuttable Presumption of Prejudice within the Doctrine of Spoliation in Federal Courts

Abstract

(Excerpt) This Note argues against imposing such a rebuttable presumption where the spoliating party acted with gross negligence. Part I provides a general background of the doctrine of spoliation and its application to electronic information. Part II examines the three different approaches taken by the federal circuits to whether gross negligence should trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party. Finally, Part III argues that courts should not allow gross negligence to trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party