Full text of this decision is available in Westlaw @ Keir v. UnumProvident et al., 2003 WL 21997747
UnumProvident's failures to act responsibly resulted in the destruction of over 800 email computer backup tapes, finds U.S. District Court Judge Denise Cote. Quadrino Schwartz had fought hard to obtain a court order that protected the emails, but UnumProvident violated the Order after it was signed and put into effect.
The hearing explored all of the cirumstances regarding the destruction so that potential legal sanctions could be imposed at a later date. The Court's decision details all of the facts elicited in the Quadrino Schwartz investigation, which was comprised of depositions of various witnesses, a review of UnumProvident's corporate email communications, as well an in-court testimony elicited by Quadrino Schwartz on behalf of the many thousands of potential class members.
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