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Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?
"Humans are just as likely to be dimwitted as they are dastardly." Hollis v. CEVA Logistics U.S., Inc. (N.D. Ill., May 19, 2022).
A recent opinion from Judge Iain Johnston (N.D. Ill) raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence." Has it really come down to this?
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