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Records Management Program <[log in to unmask]>
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Sat, 31 Aug 2013 21:25:43 -0500
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"Dog ate my emails" no defense against spoliation sanction - Lexology

On a motion for spoliation sanctions, it makes no difference that a party
destroyed emails without “malevolent” purpose. For a sanctions motion to be
granted, it is necessary only to demonstrate that the evidence was
destroyed deliberately.

In an article, August 19, 2013, titled “Sanctions Imposed for
Non-Malevolent Destruction of Emails,” the New York Law
Journal<http://www.toxictortlitigationblog.com/uploads/file/Sanctions%20Imposed%281%29.pdf>
reported on a decision handed down by the Hon. Shira Scheindlin in the
Southern District of New York on August 15, 2013 in *Sekisui Medical
America v. Hart<http://www.toxictortlitigationblog.com/uploads/file/Sekisui%20American%20Corp_%20v_%20Hart.pdf>
*, 1:12-cv-03479, 2013 U.S. Dist. LEXIS 115533 (S.D.N.Y. 2013).


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