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Slippery Slope: Harrell v. Pathmark, by Craig Ball, Ball In Your Court Blog


One e-discovery blog I never fail to read is Doug Austin’s eDiscoveryDaily. It’s hard to come up with a post every day; yet, Doug makes it look easy. Each post is a quick read with little editorializing; and, Doug faithfully includes a link to the opinion. That last may seem a small thing; but, some bloggers don’t do it (or only share the full text of the decision with paying customers). There’s no substitute for reading the case.

Today, Doug posted on Harrell v. Pathmark, (USDC EDPA, February 26, 2015), where the Court dismisses the plaintiff’s slip-and-fall injury claim on summary judgment. I don’t think the Court got it wrong on the merits; but, in weighing in, sua sponte, on the e-spoliation issue, I’m reminded of the maxim, ‘hard cases make bad law.’ . . .