It is well established that when spoliation of evidence
occurs, a court may impose discovery sanctions pursuant to Rule 37(b) of the Federal Rules of Civil Procedure, and more generally, pursuant to a court's "inherent power to manage its own affairs.
By now, it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records-paper or electronic-and to search in the right places for those records, will inevitably result in the spoliation of evidence
3d 69,73), in which the New York Court of Appeals held that no independent tort third party negligent spoliation of evidence
was cognizable in New York, about the nature of the harm incurred or the extent of the plaintiffs damages.
66) The jurisprudence of the SJC regarding spoliation is instructive in crafting a proposal for adopting a level of culpability required for an adverse inference instruction based upon the spoliation of evidence
The duty to preserve evidence must be taken seriously and measures can and should be put in place to avoid spoliation of evidence
and resultant potential sanctions, which may at a minimum, hamper, and at worst completely eliminate, the defense of a lawsuit.
Also included is a transcript of a motions hearing for sanctions for spoliation of evidence
Failure to preserve such information can result in monetary sanctions, or, worse, a finding of spoliation of evidence
More recently, however, the spoliation of evidence
has resulted in the ability to assert an independent cause of action in tort.
If an association follows the policy's guidelines for periodic destruction only when it anticipates an investigation or a lawsuit, the policy will not be a valid defense to a charge of obstruction of justice or spoliation of evidence
This "digital shredding" can still become what lawyers call negligent or willful spoliation of evidence
With plaintiff attorneys filing spoliation of evidence
claims at an alarming rate in an attempt to drive up the value of their cases, business owners and risk managers need to know the law on spoliation of evidence
as well as the techniques and benefits of preserving evidence.
the district court confronted the shockingly pervasive problem of spoliation of evidence