District of Massachusetts

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A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such destruction. 

In McLaughlin v. Lenovo Global Tech. (United States) Inc., Magistrate Judge Gail Dein of the District of Massachusetts issued numerous sanctions against plaintiff but decided that dismissal of plaintiff’s case was too harsh a punishment after he wiped his company-issued laptop prior to returning it to defendant.

On April 24, 2020, the First Circuit affirmed the District of Massachusetts’ dismissal of a case against General Electric on forum non conveniens grounds.

In 2011, an earthquake-induced tsunami struck the Fukushima Daiichi Nuclear Power Plant in Japan. Individuals and businesses who suffered property damage and/or economic harm from the disaster filed a class action lawsuit against General Electric, which designed the power plant’s nuclear reactors and safety mechanisms, in the District Court for the District of Massachusetts. The district court held Japan provided an adequate alternative forum and dismissal was in both the private and public interest.