The U.S. Court of Appeals for the Ninth Circuit recently affirmed a dismissal ruling in an employment discrimination action. Plaintiff Alyssa Jones was accused of intentionally deleting text messages and evidence vital to the case, resulting in the dismissal of the lawsuit.
In an opinion delivered on March 5, Judge Andrew D. Hurwitz, presiding over a three-judge panel, upheld the U.S. District Court for the District of Arizona’s ruling. The case under review was Alyssa Jones and her attorney, Philip Nathanson, v. Riot Hospitality Group.
The case was dismissed under the Federal Rule of Civil Procedure 37(e)(2) due to intentional spoliation of electronically stored information by Jones. This rule mandates strict repercussions for litigants who intentionally destroy or hide electronic evidence that encompasses information pertinent to a claim or defense of a party.
For a more detailed account of the opinion, the court document is publicly accessible and contains Judge Hurwitz’s comprehensive findings on the case.
For a more condensed summary as well as context about the events leading up to the appeals court affirmation, Law.com offers a above the fold briefing of the case.