Massachusetts Focuses On The Elements Of Spoliation
By Alexander Zodikoff (February 20, 2018, 11:40 AM EST) -- In Santiago v. Rich Products Corp., et al., the Massachusetts Appeals Court held that a finding of spoliation requires both (1) the negligent and intentional loss or destruction of evidence,and (2) the awareness of the spoliator at the time the evidence is lost or destroyed of the potential for the evidence to help resolve the dispute.
The Santiago court's strict interpretation of the doctrine of spoliation follows the trend of Massachusetts litigation, shifting focus from the first element, the spoliator's conduct, to the second element, the spoliator's mental state. The opinion also accentuates the fact that noncompliance with a document retention...
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