Mark E. Felger,left, and Simon E. Fraser,right, of Cozen O'Connor. Courtesy photos Court Issues Reminder of Potentially Harsh Consequences for Failure to Preserve Evidence in Anticipation of Litigation
Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation.
March 08, 2023 at 09:00 AM
9 minute read
Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation. In BDO USA v. Everglade Global, C.A. No. N22C-12-063 KSM, 2023 WL 1371097 (Del. Super. Ct. Jan. 31, 2023), Chancellor McCormick held that in light of the defendant's egregious spoliation of evidence, the only fair and just outcome was a default judgment and fee shifting order in favor of the plaintiff.
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