The Book

Digital Evidence & eDiscovery Law Practice in Nigeria

Chapter 46

Digital Evidence: Landmark Cases

Chapter 46 examines landmark cases on digital evidence. The analysis and application of the rules of evidence addressing the admissibility of electronic evidence in the US received a much needed examination in 2007 by the then Magistrate, Judge Paul Grimm, of the US District Court for the District of Maryland, in the seminal case of Lorraine v. Markel American Insurance Company, which remains a comprehensive guide to the admission of electronic evidence in the US courts. In Lorraine, Judge Grimm describes a decision model for addressing the admission of electronic evidence, which, unsurprisingly, is nearly identical to the one many proponents apply to the admission of more traditional forms of evidence. This and major other landmark cases are examined.