Nuvasive v. Madsen Medical, Inc.,
Case No. 13-cv-2077 (S.D. Cal. January 26, 2016)
Adverse inference sanction vacated based on 2015 revisions to Rule 37 (no proof of intentional destruction), but Court still allowed the parties to present evidence to the jury regarding the loss of ESI, and the jury may consider such evidence in making its decision.