Evidence Record

US Federal, Middle District of Florida  ·  2009  ·  Evidence challenged

Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co.

(M.D. Fla. 2009)

Document metadataSpoliation of records

What happened

In an insurance coverage dispute, the plaintiffs were required to produce electronically stored information. Counsel produced the documents in TIFF image format after stripping the native file metadata, removing creation dates, modification timestamps and author information that would have been available in the original format. Counsel then misrepresented the completeness of the production to the court. The metadata removal was treated as a deliberate attempt to conceal the documents' true provenance. The court dismissed the plaintiffs' business-interruption claims as a sanction and awarded $75,000 against the plaintiffs' attorneys personally. The attorneys were also referred for professional discipline. The case is a direct illustration of how converting files to TIFF or PDF before production, a common practice, can be used to strip metadata, and how the absence of that metadata may itself become evidence of concealment.

Outcome

Business-interruption claims dismissed. $75,000 sanctions against plaintiffs' attorneys. Referral for professional discipline.

Sources

Secondary source

Public proof. Private work.

immut records a cryptographic hash of your file on the public XRP Ledger at the moment of creation. The timestamp is independently verifiable by anyone.

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