Grange Mutual Cas. Co. v. Mack, 2008 WL 744723 (6th Cir. Mar. 17, 2008) is one of those rare e-discovery cases that works to the U.S. Court of Appeals. Unfortunately, the Sixth Circuit did not have too many kind words to say about Defendant Greg Mack's repeated discovery abuses. "[Defendant's] willful bad faith in thwarting discovery is so obvious that he does not bother contesting the point."
The defendant appealed a default judgment and award of damages entered in favor of plaintiffs, a group of insurance companies. In issuing the default, the district court found that the defendant, while subject to a court order to preserve and produce electronic discovery, swapped out his office computers mid-litigation, refused to turn over other computers, and responded to discovery with frivolous objections. In affirming the district court opinion, the Sixth Circuit noted "[i]t is in cases like this one, where the obstruction prevented the other party from accessing evidence needed to bring the case, that default is most likely to be the appropriate sanction."