In an interesting decision regarding the spoliation of evidence
via a mobile device, Magistrate Judge Terry F. Moorer determined
that the newly amended Federal Rule 37(e) – enacted on
December 1, 2015 – did not apply to the spoliation case, as
the case was filed prior to the rule's enactment. (
Morrison v. Charles J. Veale, M.D., P.C.,
2017 BL 21478, M.D. Ala., No. 3:14-cv-1020-TFM, 1/25/17).
Karla Morrison, a former employee of the medical practice
Charles J. Veale, M.D., P.C. sued her employer in October of 2014
alleging that the practice violated the Fair Labor Standards
Act. Following the close of discovery in August of 2016, the
defendant filed a motion for sanctions for spoliation of evidence
alleging that Morrison logged into her office email account after
her termination and deleted emails from the account. The
defendant bolstered this argument by alleging that Morrison added
2-step verification to her log-in process in April 2015 –
almost 6 months after h
