Spoliation of Evidence – Page 2

October 22, 2013 by mjpospis

Court Imposes Sanctions For Evidence Spoliation in Diaper Case

In a recent case, SJS Distribution Systems v. Sam’s Club (decided October 11, 2013), the Eastern District of New York discussed and applied the doctrine of “spoliation” as it relates to discovery in civil litigation. There, plaintiff argued that it “discovered a discrepancy between the packaging of the diapers that it ordered and some of…

Defendants’ Spoliation of Evidence Results in Adverse Inference Charge and Denial of Summary Judgment Motion

Gilchrist v. City of New York, decided on March 7, 2013, contains an important lesson for plaintiffs’ lawyers in personal injury cases: wherever possible, make sure to specifically request that certain pieces of evidence be preserved. Here, the defendants’ failure to preserve such specifically requested evidence resulted in sanctions for spoliation of evidence. In this…