Steven A. Neeley | Construction Executive In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation (i.e., intentionally destroying relevant evidence). A party guilty of spoliation can be sanctioned,… Continue reading The Difference Between Routine Document Destruction and Spoliation
Tag: Spoliation
Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Kean Maynard | The Subrogation Strategist Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S. Dist. LEXIS 163681, the United States District Court for the… Continue reading Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Changing Landscape in Residential Construction Defect Cases
Jennifer M. Horn | The Legal Intelligencer | August 22, 2017 It is no secret that building envelope construction defects are prominent throughout our region. This issue affects thousands of properties and multiple builders. These defects are truly latent, with no visual cues or outward manifestation of water infiltration. Homeowners often discover the defect when… Continue reading Changing Landscape in Residential Construction Defect Cases
New Jersey Court Rejects Theory of Spoliation by Encouragement
Richard C. Bennett | Cozen O’Connor | November 24, 2015 Three years out, Superstorm Sandy litigation continues to wend its way through New Jersey’s courts. Last weekend, a federal judge in the state handed a victory to the insurer in Stiso v. State Farm Fire & Cas. Co., 2015 U.S. Dist. LEXIS 155762, 2015 WL 7296081… Continue reading New Jersey Court Rejects Theory of Spoliation by Encouragement