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spoliation of evidence |
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spoliation of evidence The destruction of evidence necessary for pending or contemplated litigation.The practice is illegal under common law and under Sarbanes-Oxley (SOX) regardless of the motives or intention of the party responsible for maintaining the evidence. Example: Landlord Larry has a problem tenant who constantly complains about various unsafe conditions at a 6-year-old apartment complex, attributing them to poor design and construction. The tenant threatens to file suit if Larry does not fix all the defects and give the tenant 6 months free rent. Two days later, as she does on the same date every year, Larry's assistant destroys all noncurrent files more than 5 years old. This includes many of the original development and construction records for the complex. SOX probably does not apply because the apartment complex is not owned by a publicly traded company, but Larry is more than likely guilty of common law spoliation of evidence. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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No references found | Plaintiff alleges negligence; intentional interference with prospective civil action by spoilation of evidence; negligent spoilation of evidence; and waste. Those have also suffered by the predatory fingers of petty larcenists, who have torn out plates of famous race-horses; but, on the whole, as was remarked just now, these mischievous depredations have been few in number, and the great majority of those who habitually frequent the Melbourne Public Library feel that they possess a proprietary interest in the institution, and that they are under an obligation to protect the contents from spoilation or injury accordingly. The court also found that summary judgment was precluded because of the spoilation of missing or tampered documents relating to the inmate's medical treatment, and whether a clinical social worker refused to act on a medical recommendation that the inmate required a psychiatric evaluation. |
spoilation |
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