New Cases Bring Lessons On Video Surveillance Preservation
By Donna Fisher and Matthew Hamilton (June 17, 2020, 5:25 PM EDT) -- Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance video.
Recently, in Charoff v. MarMaxx Operating Corp., the U.S. District Court for the Eastern District of Pennsylvania — without reference to Federal Rule of Civil Procedure 37(e), which governs the imposition of sanctions for the loss of electronically stored information, or ESI — held that MarMaxx's failure to produce the requested video, or articulate a reason why there was none, warranted a negative inference instruction.
Other recent decisions, however,...
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