Wills v. Franklin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the presence of both factor one and factor two to a significant degree will be required to justify a preservation order
• suggesting that cost of preserving documents might be shifted to party seeking preservation and possibly to its adversary, instead of burdening nonparty possessor of evidence
• noting that destruction of “one-of-a-kind” evidence, or evidence that is irreplaceable, such as where a key item of evidence is tested through “non-destructive” means, can lead to irreparable injury to a party who needs it to prove their claims
• applying federal law and listing factors for obtaining such relief
• “Had there been evidence of attempted damage or destruction of the report or the data compilations used to produce it, the Court’s level of concern for the protection of the integrity and existence of the evidence would have been different.”
• setting forth the four factor test referenced above

Source: CourtListener parenthetical corpus (CC0).