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Paralegals & Legal Secretaries

: IPA Blawg

Equivocal Demand Letters Did Not Trigger Duty to Preserve; No Duty To Run System-Wide Key Word Searches

By Indiana Paralegal Association

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Cache La Poudre Feeds, LLC v. Land O' Lakes, Inc., 2007 WL 684001 (D. Colo. Mar. 2, 2007)

I suppose the moral of this story is that Plaintiff's counsels need to be very clear in pre-litigation demand letters regarding the potential or imminence of litigation. Also, they should state a duty to preserve datat.

I believe the other moral of the story is that anyone who thought the changes to FRCP were going to make opposing counsel sit around and sing Koom-by-ya, may have been slightly off in their prediction.

Full post as published by IPA Blawg on March 15, 2007 (boomark / email).

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