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Bruner v. American Honda Motor Company, 2016 U.S. Dist. Lexis 62810 (S.D. Ala. May 12, 2016)

Articles Discussing Case:

Court Rejects Burdensome Argument As It Relates To Litigation Holds

Jackson Lewis P.C. • August 29, 2016
The importance of timely implementing a litigation hold cannot be overemphasized. In Bruner v. American Honda Motor Company, 2016 U.S. Dist. Lexis 62810 (S.D. Ala. May 12, 2016), the plaintiffs, who were involved in an accident involving a 2007 Honda Civic, sought potential e-mails related to airbags installed in Civics during a ten-year span encompassing the model year of the accident vehicle. The defendant argued that under the applicable document retention policies, any such e-mails would have been destroyed after thirty days and, therefore, no such documents existed. The defendant further asserted that it had undertaken a thorough search of its various electronic communication systems and had found no documents.