Dodging an EDD Sanction

While the courts are becoming more familiar with the legal and technical issues arising from electronic discovery, there is still no shortage of perplexing "e-issues" confronting judges. In <i>Toussie v. County of Suffolk</i> in the Eastern District of New York, a defendant dodged substantive sanctions for losing and/or destroying  e-mails requested in discovery because the parties requesting the e-mails failed to marshal satisfactory evidence that the missing e-mails would have been supportive of their case.