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2.61 Gigabyte Difference: Inability to Restore Spoliated Electronic Evidence Dooms Wrongful Termination Lawsuit

admin by admin
February 24, 2023
in Attorney News


A federal judge in Virginia has granted a motion for sanctions, essentially dismissing a former employee’s wrongful termination lawsuit against Liberty University over the plaintiff’s spoliation of a significant amount of electronically stored information that could not be recovered.

Walter S. Lamb, who served as the university’s vice president of communication and public engagement, sued Liberty University in October 2021, shortly after he was terminated. Lamb alleged that the university violated Title IX because of his opposition to the school’s alleged mishandling of sexual assault and harassment complaints, while Liberty claimed Lamb’s termination resulted from mismanagement. Liberty also filed several counterclaims, such as conversion and detinue, and moved for an order requiring Lamb to return any possessions that were part of his work—which was later granted following an evidentiary hearing in December 2021.



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