Wandner v. Am. Airlines » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Wandner v. Am. Airlines

Wandner v. Am. Airlines

Case Date: 01/12/2015
Citation: Wandner v. Am. Airlines, 79 F. Supp. 3d 1285 (S.D. Fla. 2015)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Jonathan Goodman

Plaintiff moved for spoliation sanctions against the County after it failed to preserve surveillance footage showing events that transpired at an airport, despite Plaintiff’s letter notifying the County to preserve the evidence.


The Court denied Plaintiff’s motion for sanctions. Although the County was negligent in its handling of the surveillance footage, Plaintiff could not prove bad faith on behalf of the County, nor could he prove that the footage would have contained evidence or that the evidence was crucial to the case. However, the Court allowed Plaintiff to present evidence of his preservation requests and of the County’s failure to preserve the footage at trial.

Relevant Documents:

Motion to Amend Complaint and Included Motion for Sanctions (Doc. 111)

Response in Opposition to Motion to Amend Complaint (Doc. 114) 

Order on Plaintiffs Request Sanctions (Doc. 119)

E-Discovery Issues: Adverse Inference, Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Data Retention, Possession or Control, Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Surveillance Footage

Published: March 22nd, 2018

Category: Uncategorized

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