Spoliation Sanctions
Andrea M. Alonso and Kevin G. Faley use case law to discuss the issue of spoliation—“an issue that courts have long struggled with.”
December 02, 2024 at 08:22 AM
11 minute read
Spoliation—the alteration, destruction, or otherwise failure to preserve evidence, either intentionally or negligently, that is relevant to an ongoing or anticipated litigation—is an issue that courts have long struggled with. As spoliation has the potential to prevent a party from proving or defending a case, courts have implemented rules and sanctions to address the nature of the spoliation in question in an attempt to maintain a degree of fairness to the parties.
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