Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
E-Discovery LLC
JUNE 16, 2025
WMATA moved for summary judgment based on the lack of expert testimony. Although the Fourth Circuit permits a rebuttable presumption of relevance where willfulness or bad faith is shown, Ms. In response, Ms. Moore sought spoliation sanctions, asserting that WMATA failed to preserve the Drive Cam video of the occurrence.
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