spoliation

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Synonyms for spoliation

(law) the intentional destruction of a document or an alteration of it that destroys its value as evidence

the act of stripping and taking by force

References in periodicals archive ?
i]n practice, an adverse inference instruction often ends litigation--it is too difficult a hurdle for the spoliator to overcome.
71) This ambiguous approach has imparted more discretion to the courts to impose a sanction that is commensurate with the level of culpability of the spoliator and the importance of the evidence to the non-spoliator.
2d at 781 (internal citations omitted) (holding that although no adverse presumption could lie where a spoliator was not duty-bound to preserve evidence, that nevertheless "an adverse inference may arise in any situation where potentially self-damaging evidence is in the possession of a party and that party either loses or destroys the evidence"); but see Pa.
Courts precluding the issuance of the negligent spoliation inference do so with the belief that the adverse inference prejudices the spoliator by branding him as a bad actor.
Unfair prejudice flows, for example, from a spoliator placing
Generally, before an adverse inference is given, the aggrieved party must show that the spoliator acted with bad faith or some other type of willful intent or willful behavior.
Courts have found, however, that a duty to preserve evidence may arise under any of the following circumstances: the spoliator voluntarily undertakes to preserve the evidence and a person reasonably relies on it to his detriment; the spoliator entered into an agreement to preserve the evidence; there is a specific request to the spoliator to preserve the evidence; or there is a duty to do so based upon a contract, statute, regulation, or some other special circumstance or relationship.
21) Must the nonspoliating party establish the culpability of the spoliator before a spoliation inference is issued?
Since Vick, the Court has consistently confirmed that an adverse inference instruction must be predicated on a finding that the spoliator intentionally destroyed relevant evidence in "bad faith," i.
There is often a difficult road still ahead in overcoming obstacles and marshalling evidence to support findings that the ESI that was destroyed is relevant and harmful to the spoliator and that the spoliator acted with the requisite level of culpability.
9) These courts argue that non-willful spoliation therefore cannot sustain an inference that a negligent spoliator destroyed evidence because it would have hurt the spoliator's case.
The duty to preserve evidence flouted by the spoliator can arise from a court order, a discovery request, a statute or administrative regulation, a contract, and perhaps common law.
Plaintiffs in a third-party spoliation action must show a duty to a foreseeable plaintiff, a breach of that duty, proximate cause and damage, as in all negligence cases, but they must also show (1) that the spoliator had actual knowledge of pending or potential litigation; (2) that the spoliator had a duty through a voluntary undertaking, an agreement or a specific request; and (3) that the missing evidence was vital to the plaintiff's potential action.