In Wright-Jackson v. HIP Health Plan, 2009 WL 1024244 (S.D.N.Y. April 15, 2009), U.S. Magistrate Judge Douglas Eaton denied plaintiff's motion to compel further discovery of electronically stored information, absent evidence that the documents sought actually existed.

In IN RE WEEKLY HOMES, L.P., 2009 Tex. LEXIS 630 (Tex. Aug. 28, 2009) , the Texas Supreme Court held that the trial court abused its discretion in allowing direct access to a party's hard drives.  The case is the first in which the high court ruled on the Texas e-discovery statutes.

In In re: Application of Operadora DB Mexico, S.A. De C.V., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), U.S. Magistrate Judge Gregory J. Kelly ordered a subpoenaed party to produce readily available electronic information and to meet and confer with the subpoena issuer regarding information that may not be reasonably accessible without undue cost or burden.

In Major Tours, Inc., et. al. v. Colorel, et. al., 2009 U.S. Dist. LEXIS 68128 (D. N.J. Aug. 4, 2009), U.S. Magistrate Judge Joel Schneider granted plaintiffs' application for production of defendants' litigation hold letters. 

In Sue v. Milyard, et. al., 2009 U.S. Dist. LEXIS 69199 (D. Colo. Aug. 6, 2009), U.S. Magistrate Judge Michael J. Watanabe denied plaintiff's motion for reconsideration in denying its motion for spoliation sanctions related to the deletion of video from defendants' video surveillance system.

In FSP Stallion 1, LLC, et. al. v. Luce, et. al., 2009 U.S. Dist. LEXIS 68460 (D. Nev. July 21, 2009), U.S. Magistrate Judge Peggy A. Leen, ordered defendants to produce documents in both native format and static images.

In Chirdo v. Minerals Technologies, Inc., et. al., 2009 WL 2195135 (E.D. Pa. July 23, 2009), U.S. District Court Judge  Lawrence F. Stengel denied plaintiff's request that the jury be given a "spoliation charge." Holding that there was no evidence that the defendants intentionally destroyed relevant evidence.

In Southeastern Mechanical Svs., Inc. v. Brody, et. al., 2009 U.S. Dist. LEXIS 69830 (M.D. Fla. July 24, 2009), U.S. Magistrate Judge Elizabeth A. Jenkins denied defendant Thermal Engineering Constr. Svs., Inc.'s motion for spoliation sanctions.

In In re Netbank, Inc. Securities Litigation, 2009 WL 2461036 (N.D. Ga. Aug. 7, 2009), U.S. District Court Judge Beverly B. Martin granted plaintiffs' motion to compel electronically stored information in its native format.

In Wells Fargo Bank, N.A. v. LaSalle Bank Nat. Assoc., 2009 WL 2243854 (S.D. Ohio July 24, 2009), U.S. Magistrate Judge Michael R. Mertz denied plaintiff's motion to compel backup tape restoration and production finding the information not reasonably accessible based on the high cost of restoration and the  limited utility of the resulting information.  The court, citing the Sedona Conference "Cooperation Proclamation" further ruled that the parties failed to adequately meet and confer under FRCP 26(f).