I recently came across a reference to this case

http://tinyurl.com/cmrynwo



Doherty v Crown Appraisal (US District Court, SD Ohio/Eastern Division, Jan 25, 2012)

What I found interesting about this is that one party tried to support their claims of spoliation by the other party on the grounds that they other party was not in compliance with an alleged regulatory retention requirement.  But the court did not buy it noting that the statute upon which this regulation is based does not "establish a private right of action".

I would think that the same would be true of many regulatory retention requirements.  I have often heard records managers concerned about what would happen if opposing council finds that they are out of compliance with legal retention requirements.  In this case the answer seems to be  not much.  The court did observe that they lack of compliance could be evidence of malpractice or unprofessional conduct but at least in this case does not have much relevance to spoliation.

David B. Gaynon
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Huntington Beach CA, USA


















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