Academy

A federal court addressed severe spoliation issues after Sky Jet lost critical cockpit voice recorder data in a suit over an aircraft engine failure, finding Sky Jet intentionally deprived the defendant of evidence by concealing its existence, failing to preserve it, and misleading in discovery. The court imposed the lowest available sanction—a permissive adverse inference jury instruction—along with preclusion of pilot testimony and attorneys’ fees, highlighting the limits of Rule 37(e) remedies even in egregious misconduct.

Judge Godbey’s decision offers a clear articulation of the Rule 26 discovery standard and illustrates how courts evaluate objections, burden of proof, and proportionality in motions to compel. The discussion also highlights critical strategic missteps related to Slack data, privacy objections, and understanding technical limitations of ESI sources that can significantly impact discovery outcomes.

A special master sanctioned two law firms after a brief they filed contained numerous fabricated citations generated by AI—none of which were verified before submission. The ruling underscores the ethical and procedural responsibilities law firms bear when using AI tools, and the costly consequences when lawyers fail to vet AI-generated content before filing with the court.