One Man’s Trash is Another Man’s Evidence: Why We Don’t Need New Rules, We
Need Understanding, Diligence, ...
One of my favorite sanctions cases begins with: *“One man’s trash is another
man’s treasure.”*** That’s how the United States Court of Federal Claims
started its order sanctioning the government for spoliation in *United Med.
Supply Co., Inc. v. United
States<http://ralphlosey.files.wordpress.com/2011/09/united-med-supply.doc>
*, 2007 WL 1952680 (Fed. Cl. 2007). The government didn’t preserve its
records after suit was filed, the treasure plaintiff sought to prove its
case. Instead, the government shredded the evidence as if it were so much
trash. The plaintiff will never know the truth, not because the rules were
unclear, but because of a complete lack of diligence and understanding on
the part of the government and its lawyers.


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Source:
http://e-discoveryteam.com/2011/09/06/one-mans-trash-is-another-mans-evidence-why-we-dont-need-new-rules-we-need-understanding-diligence-and-enforcement-of-existing-rules/
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