Judge Sheindlin Hits Spoliating Plaintiff with Adverse Inference
Instruction | eLessons Learned
In *Sekisui Am. Corp. v. Hart*, District Court Judge Shira Sheindlin
reversed a decision of the lower court and imposed sanctions against a
plaintiff for its willful spoliation of electronically stored information
(ESI).  The critical point on which Judge Scheindlin and the magistrate
judge opposed was whether a showing of bad faith is necessary to impose
spoliation sanctions or whether a showing that the ESI was willfully
destroyed is enough.  For Judge Scheindlin, where the spoliation is willful
the non-spoliating party need not prove malevolent purpose:

 http://bit.ly/1AUzJph

Source:
http://ellblog.com/judge-sheindlin-hits-spoliating-plaintiff-with-adverse-inference-instruction/
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