41) Considering the burden an innocent party must overcome when confronted with negligent
spoliation of evidence, and the practical difficulties of so doing, this rule appears to be in discord with basic notions of fairness.
In Massachusetts, the SJC has a fairly nebulous approach to imposing sanctions for
spoliation of evidence during discovery.
The plaintiffs commenced an action for
spoliation of evidence and contempt stating that their inability to perform a physical inspection of the vehicle was a "fatal obstacle" in determining the cause of the fire.
Damages for
spoliation of evidence are significant, resulting in discovery sanctions such as the barring of a party from introducing evidence or asserting a theory of defense, or an adverse jury instruction in which the jury is told that it can draw a negative inference against the party that lost the evidence.
We are pleased to offer a ready resource to help resolve problems in litigation involved with the destruction of evidence, or
spoliation of evidence, that may add expense, potential tort liability or sanctions that may be outcome determinative," said Koesel.
THE COURT OF APPEALS OF INDIANA AFFIRMED THE JUDGMENT OF THE TRIAL COURT THAT GORDON COULD INCLUDE HER CLAIM FOR
SPOLIATION OF EVIDENCE IN HER MALPRACTICE SUIT.
regarding
spoliation of evidence, all of which require, as a
A case involving a nursing home resident who bled to death is the focus of "ManorCare and Inadequate Staffing,
Spoliation of Evidence, and Corporate Disregard: Keith v.
2005), the Florida Supreme Court reversed two decades of Florida precedent by holding there is no longer a "first-party" tort cause of action for
spoliation of evidence.
While early penalties for
spoliation of evidence were mostly minor, courts today may hand out harsher sanctions, such as limiting or not allowing the introduction of evidence or presentation of witnesses and dismissing certain theories of liability, such as negligent manufacture of the particular product versus a general design claim.
In addition, he co-authored "Medicine on the Seas," which was published in the Tulane Maritime Law Journal in the summer 2003 edition, as well as "The Necessity of Redefining
Spoliation of Evidence Remedies in Florida," published by the Florida State University Law Review.
Coverage is designed to protect against third party claims alleging
spoliation of evidence that is material to a legal proceeding.
