District Court Spoliation Sanctions Likely To Be Upheld By Sixth Circuit,
Except When The Remedies Are Too Harsh
We focused specifically on sanctions for spoliation of evidence because the
Sixth Circuit in *Ross v. American Red Cross**, Case No. 12-4312* (6th Cir.
Jan. 27, 2014), recently emphasized that strong evidence is required before
a district court may sanction a party for spoliation of evidence. Our
review of Sixth Circuit case law from the past several years leads to an
unremarkable conclusion: The Sixth Circuit is highly unlikely to disturb a
district court’s decision to either impose sanctions or decline imposing
sanctions for spoliation of evidence, given the deferential standard of
review.
http://bit.ly/1tTuLaW
Source:
http://www.sixthcircuitappellateblog.com/news-and-analysis/district-court-spoliation-sanctions-likely-to-be-upheld-by-sixth-circuit-except-when-the-remedies-are-too-harsh/
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