spoilation

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spoilation

The intentional deletion or alteration of a document used as legal evidence. Since the advent of personal computers, it has become a snap to alter a document without revealing the alteration. If the document remains in the same computer where the alteration took place, or if that computer is available for analysis, an alteration may be uncovered with computer forensics. However, if the altered document is transferred to another machine by a savvy user, who knows how to delete all associated meta-data that might be under the covers, it is impossible to detect the document's previous history. See computer forensics.
References in periodicals archive ?
One implication of Pension Committee then is that if counsel were to provide comprehensive and readily-understandable litigation hold instructions to a client orally, and should some spoliation of evidence nevertheless occur or at least be alleged, the failure to reduce those litigation hold instructions to writing amounts to gross negligence (which, in turn, gives rise to presumptions of relevance and prejudice that the spoliating party must rebut).
Both the exclusion of evidence and the default judgment remedies offered for spoliation of evidence indicate an underlying theme to the Massachusetts courts' approach.
This may invite the plaintiff to file a spoliation of evidence claim, alleging that the loss of the videotape prevents the plaintiff from refuting the eyewitness testimony.
The court held, inter alia, that despite the fact that the plaintiff could have brought a separate suit for spoliation of evidence against the hospital, that did not mean that, ipso facto, it could not proceed against the hospital for spoliation of evidence as an integral part of the plaintiff's suit for malpractice, which was brought against the hospital.
Spoliation of evidence burst onto Florida's legal landscape in 1984 as an independent tort claim with the Third District Court of Appeal's opinion of Bondu v.
If opposing counsel can prove that an organization intentionally lost, altered, or destroyed information relevant to the subject matter of the litigation, which is called spoliation of evidence, the organization could be sanctioned.
SunCal is therefore seeking court sanctions against Alameda for spoliation of evidence since it has not provided copies of the requested emails to and from key city staff, pursuant to state law.
ALL TOO MANY CASES INVOLVING SPOLIATION OF EVIDENCE IN WHICH SIGNIFICANT PORTIONS OF MEDICAL RECORDS OF HOSPITALS AND PHYSICIANS ARE 'MISSING,' 'LOST,' 'DESTROYED,' AND/OR OTHERWISE, 'NOT AVAILABLE' MAKE SOME WONDER WHETHER THERE IS AN EPIDEMIC OF SPOLIATION OF EVIDENCE.
Korelitz on the plaintiff's claims of spoliation of evidence, destruction of evidence and fraud.
Two new packets were added in the nursing home category: "Nursing Home Litigation: Nursing Errors" and "ManorCare and Inadequate Staffing, Spoliation of Evidence, and Corporate Disregard: Keith v.
Florida recognizes causes of action for the negligent and intentional spoliation of evidence.
Peltz also published an article in the Florida State University Law Review titled "The Necessity of Redefining Spoliation of Evidence Remedies in Florida" and lectured on "Spoliation of Evidence" at the recent Florida Liability Claims Institute.