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Weigand v. Nine Fifty, Ltd.: Lack of Video Preservation Exposes Defendant to Spoliation Claim

In a recent unpublished opinion, the Illinois Appellate Court held that a person has a duty to preserve video recordings, if that person reasonably should have foreseen that the video might contain material evidence to a potential civil action. Weigand v. Nine Fifty Ltd., 2019 IL App (1st) 173169, (February 11, 2019). Failure to maintain and preserve such recordings justifies an inference that the deleted video contained evidence adverse to the defendant and support an action for spoliation.

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