Today, Judge Baer adopted and upheld Magistrate Judge Maas’ decision not to assess a spoliation sanction in a declaratory judgment action relating to a construction contract. In an opinion issued on April 20, Judge Maas found that plaintiffs GenOn Mid-Atlantic, LLC and GenOn Chalk Point, LLC had acted at least negligently in failing to instruct FTI Consulting Inc. – a third-party that had assisted them in performing audits related to the relevant contract – to preserve relevant electronic documents. He concluded that the GenOn plaintiffs were “responsible for spoliation” but that no sanction was warranted because defendant “was not prejudiced by the spoliation.” (Our previous post on that decision is here)…
Continue Reading Judge Baer Upholds Magistrate’s Denial of Spoliation Sanction for Failure to Issue Litigation Hold