In a case whittled down to one of four original claims following arbitration, a federal magistrate judge has declined to dismiss the remaining claim on the grounds of spoliation.
U.S. Magistrate Judge Lynne A. Sitarski of the Eastern District of Pennsylvania agreed to proceed to trial de novo on the breach of contract claim made by Denise Rogers against Allstate Insurance Co., which had been the insurer of her BMW, despite Allstate’s argument that Rogers’ disposal of her laptop constituted spoliation of evidence drastic enough to warrant dismissal.
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