Defendant Dodges an EDD Bullet
"While the courts are becoming more familiar with the legal and technical issues arising from electronic discovery, there is still no shortage of perplexing "e-issues" confronting judges. In a recent decision rendered by Eastern District Magistrate Judge Arlene R. Lindsay in Toussie v. County of Suffolk, 2007 WL 4565160, the court was admittedly "challenged to reconcile a party's obligation to preserve relevant evidence with the unique nuances of electronically stored information."
More specifically, Lindsay had to determine whether the Suffolk County "should be penalized for losing and/or destroying its e-mails" as requested in discovery and as otherwise relevant to the case."
