Rob Adler | Kilpatrick Townsend & Stockton When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The same facts and circumstances could yield vastly different outcomes depending on the… Continue reading Planting the Seeds of Accountability for Spoliation Sanctions
Tag: Spoliation of Evidence
A Reminder To Take Evidence-Preservation Obligations Seriously
Crinesha Berry | Crowell Recent legal developments underscore the importance of adhering to evidence- preservation obligations. A party can face severe sanctions for failing to preserve critical documents, including email accounts of former employees. Sanctions can vary from reasonable attorney fees and expenses in connection with a motion for sanctions to having certain facts established,… Continue reading A Reminder To Take Evidence-Preservation Obligations Seriously
Spoliation And The Evolution Of Case Law
Kathryn C. Cole | GreenbergTraurig In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly,… Continue reading Spoliation And The Evolution Of Case Law
Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
Michael Delulis | Burns & Levinson Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe. What many non-litigators (including in-house counsel) may not realize, however, is that decisions made before litigation counsel is… Continue reading Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
Preserve Your Claims by Preserving the Evidence
John Mark Goodman | BuildSmart A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but also physical evidence. In Seattle Tunnel Partners, 2023 WL 2856616 (Wash. Ct. App. April 10,… Continue reading Preserve Your Claims by Preserving the Evidence