Case: Discrimination/Sex Discrimination (E.D. Pa.)

A Pennsylvania federal district court’s special master recommended denying Rothman National Management Services Organization, LLC’s motion for sanctions under Federal Rules of Civil Procedure 37(b) and 37(e) against a woman pursuing a sex discrimination and retaliation case, finding that although she failed to preserve her version of “The Five” text thread exchanged among a group of plaintiffs, no spoliation occurred because the lost messages could be replaced by other plaintiffs’ versions, and Rothman National Management Services failed to demonstrate any prejudice from the loss.

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