I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice. It may also be cautious to avoid.
(Archived document, may contain errors) A Special Report to the Congress No. 17 8/2/95 REFORMING AFFIRMATIVE ACTION IN EMPLOYMENT: HOW TO RESTORE THE LAW OF EQUAL TREATMENT By Nelson Lund Nelson Lund is Associate Professor of Law at the George Mason University School of Law. From 1989 to 1992, Professor Lund served as Associate Counsel to President George Bush. Before that, he served as law clerk to Supreme Court Justice Sandra Day O'Connor and Attorney-Advisor in the Office of Legal Counsel in the Department of Justice.
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A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so.
In
Eller v. Prince George’s Cty. Pub. Sch., 2020 U.S. Dist. LEXIS 234367 (D. Md. Dec. 11, 2020), an employment discrimination case, the court found the school district’s failure to keep disciplinary records on harassment of a transgender teacher after it was aware of the teacher’s Equal Employment Opportunity Commission (EEOC) charge was sanctionable.
In 2011, the plaintiff, a middle school teacher, informed her school principal she would be transitioning from male to female. When the teacher began wearing traditionally feminine clothing, she was allegedly harassed by staff and students. Over the next few years, the teacher transferred to several different schools in the district to escape the alleged harassment, but the harassment continu