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.

References in periodicals archive ?
2002) (discussing whether to recognize separate cause of action for spoliation); Kippenhan v.
Anything less than an aggressive approach to complying with the duty of preservation and avoiding potential spoliation problems creates a risk of judicial sanctions, as the following examples will illustrate.
The "Spoliation of Evidence" packet contains an overview of spoliation law, state by state; sample preservation letters; and over 30 court documents from medical negligence, automobile/trucking, civil rights/discrimination, and nursing home cases.
(10) Plaintiff responded by suing the dealer for intentional and negligent spoliation of evidence, but the trial court dismissed the complaint, on the grounds that there was no such intentional tort.
Amidst a "tort reform" firestorm in the 2018 General Assembly, a spoliation reform proposal to address the Emerald Point ruling split legislators between the plaintiff and defense sides of the civil courtroom.
"The failure by Eversource after 2009 to preserve cables that it now claims were damaged by heat or steam leaking from Veolia's system constitutes spoliation of evidence.
"In these contentiously litigated consolidated cases, Quick Fitting, Inc., defendant in 13-33 and plaintiff in 13-56, accuses the Wai Feng parties of having engaged in willful spoliation of significant relevant evidence.
At trial, Dowd had asked the judge to apply the "spoliation doctrine" and grant an adverse inference against SSM.
The stance taken by the Dutch spoliation panel (Restitutie Commissie) was the subject of critical comment on several occasions during the conference.
In 1943, while the Second World War was still raging, the allied governments issued a declaration that addressed 'the systematic spoliation of occupied or controlled territory [...] transfers or dealings [that] have taken the form of open looting or plunder, or of transactions apparently legal in form, even when they purport to be voluntarily effected.' Many major works of art thus appropriated were repatriated at the end of the war, but much remained missing.
L'article Spoliation fonciere: La balle dans le camp du Parlement est apparu en premier sur ALBAYANE .
Spoliation arises commonly with respect to video footage.