Imagine the following hypothetical, patterned on an actual case pending in federal court, and you can begin to appreciate why there is a growing awareness of the need to have clear analytical thinking regarding the admissibility of electronically stored information, variously referred to as “ESI,” “digital,” “electronic,” “computer generated,” or “computer stored” evidence in state and federal courts. ConsumerPro is a corporation that provides installment credit to consumers with poor or un-established credit records to enable them to purchase on credit expensive electronic and computer products like flat screen televisions, computers, and entertainment systems. Under their business plan, a purchaser agrees to buy a product in installments, such as automatic withdrawals from a bank account, and only after the purchaser has made a series of payments is the product shipped to the purchaser, who then continues to make payments until the purchase price is fully paid.
Grimm, Hon. Paul W.; Ziccardi, Michael V. Esq.; and Major, Alexander W. Esq.
"Back to the Future: Lorraine v. Markel American Insurance Co. and New Findings on the Admissibility of Electronically Stored Information,"
Akron Law Review: Vol. 42
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol42/iss2/2