Adverse Inference Instruction Ordered for Parties' Willful Destruction of Personal Email Account

In Easton Sports Inc. v. Warrior Lacrosse, Inc. et al. [pdf.], 2:05-cv-72031 (E.D. Mich. 2006), U.S. Magistrate Judge Donald A. Scheer, granted the plaintiff’s motion for sanctions holding that an adverse interference instruction was appropriate given the actions by the defendants' employee Homayoun Ghassemi, a former employee of the plaintiff, who intentionally cancelled his personal email account containing relevant emails one day after he received notice of this misappropriation of trade secrets litigation.