The Sedona Principles, which govern e-discovery, indicate that spoliation
sanctions should only apply if there is a clear duty to preserve, a
culpable failure to preserve and produce relevant electronically stored
information, and a reasonable probability that the loss of the evidence has
materially prejudiced the adverse party. The universal principles of fair
play that are the bedrock of the spoliation doctrine, however, have evolved
in recent years to a point where they are used as a tactic, a powerful
weapon to create litigation about litigation, distracting courts and juries
from the true merits of a lawsuit.

http://bit.ly/1Cb1349
http://bit.ly/1Cb1349+

-- 
Peterk
Dallas, Tx
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"The problems of our economy have occurred not as an outgrowth of
laissez-faire, unbridled competition.
They have occurred under the guidance of federal agencies, and under the
umbrella of federal regulations."
Senator Ted Kennedy, in defending trucking deregulation in 1978.

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