Your request for spoliation sanctions could get you sanctioned - Lexology

We like our litigation to be decided on the merits. Sanctions motions based
on unsupported claims of spoliation create expensive sideshows that
distract from the merits. And sometimes – although perhaps not frequently
enough – baseless and abusive motions are punished.
Recently, in *Smith v. Westchester County Dept. of Corrections,* No.
07-CIV-1803 (SDNY)<http://cl.exct.net/?ju=fe171778736d027e731378&ls=fdf317707366057c7c12787d&m=ff021575766606&l=fec2177673600279&s=fe37117171670579701570&jb=ffcf14&t=>,
Judge Shira A. Scheindlin sanctioned plaintiff’s counsel for his repeated,
unsupported claims of spoliation of evidence that ignored the court’s
previous decision that no such spoliation occurred. The ruling was
remarkable because it not only awarded fees and costs, but also
“permanently enjoined” plaintiff’s counsel from raising in other cases
allegations of misconduct in *Smith*.


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