NJ High Court Sets Guidance For Spoliation Sanctions

Law360, New York (August 4, 2010, 2:29 PM EDT) -- The New Jersey Supreme Court has determined that Robertet Flavors Inc. should be allowed to pursue its defective window system claims against installer Academy Glass Inc. but not against the construction manager of the project, setting guidance for sanctioning the spoliation of evidence in construction defect cases.

The state Supreme Court on Tuesday affirmed the state appellate division's decision to revive the food flavoring manufacturer's faulty strip-window claim against Academy Glass. The court concluded the dismissal of the claim was an “unnecessarily harsh” sanction for the...
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