FRCP 37(e) – Pospis Law, PLLC

April 25, 2026 by mjpospis

Deletion of Twitter Account Gives Rise to Spoliation Sanctions in Lawsuit Against Leon Black

In a recent case, Jane Doe v. Leon Black, No. 23-CV-6418 (JGLC), 2026 WL 1102540 (S.D.N.Y. Apr. 23, 2026), a case arising under the New York City Victims of Gender-Motivated Violence Protection Law, the court considered and imposed sanctions against plaintiff and her counsel. Among other things, the court found that plaintiff’s counsel “lied repeatedly…

Court Imposes Spoliation Sanctions in Sexual Harassment Case

In Cruz v. G-Star Inc. et al, 17-CV-7685, 2019 WL 2521299 (S.D.N.Y. June 19, 2019), an employment discrimination case involving (inter alia) allegations of sexual harassment, the court imposed sanctions under Federal Rule of Civil Procedure 37(e) on defendants for engaging in spoliation of evidence (electronically-stored information, or ESI). From the decision: Here, the circumstances…

Court Imposes Sanctions on Sexual Harassment Plaintiff Who Deleted Audio Recording

In Hsueh v. N.Y. State Dep’t of Fin. Servs., No. 15 CIV. 3401 (PAC), 2017 WL 1194706 (S.D.N.Y. Mar. 31, 2017), the court imposed spoliation sanctions on a sexual harassment plaintiff arising from her deletion of a digital recording of a conversation with an HR representative. Initially, the court held that, while the recording constitutes “electronically…