It's important to track all employee movement to prevent data spoliation
Overall, there is no clear designation whether courts are becoming stricter or more lenient in regards to spoliation
For these same reasons, Pension Committee is widely criticized for establishing unreasonably stringent per se rules that are too disconnected from everyday "in the trenches" litigation practice, and for swinging the pendulum too far in favor of parties seeking spoliation
sanctions by relaxing the burden of proof (and thus encouraging spoliation
motions as an offensive tactic).
A court may find spoliation
upon a showing that (i) the party having control of the evidence was under a duty to preserve it at the time that it was destroyed, (ii) the destruction was with a "culpable state of mind," and (iii) the destroyed evidence was "relevant" in the sense that it would have been helpful to the opposing party's case.
Defenses to claims of spoliation
are narrow and difficult to maintain, necessitating increased expenditure of energy, time and costs.
35) Zubulake IV and V, however, discussed what happens when those e-mails are not produced either by intentional destruction or as part of normal maintenance of files, known as spoliation
is an epidemic problem in all types of litigation, especially medical negligence, automobile and trucking, nursing home, products liability, and discrimination cases.
Starks was selected as the recipient of the 2006 Florida Bar Journal Excellence in Writing Award by the Journal & News Editorial Board for his article "Deconstructing Damages for Destruction of Evidence--Martino Eradicates the First-party Tort of Spoliation
of Evidence" (July/Aug 2006).
The Boyd court recognized that other state courts have split on the availability of old or new tort claims for spoliation
as well as on whether negligent acts alone should prompt liabilities.
Collection of data, taking care to avoid spoliation
What is so magnificent, Mr Hain, about the spoliation
of part of a National Park for private profit?
Just a year after the Schilling bequest, UK national museums took up the spoliation