NJ High Court's Guidance Expanding Spoliation Analysis

Law360, New York (August 24, 2010, 2:48 PM EDT) -- In a unanimous decision, the New Jersey Supreme Court has refined and expanded the analysis trial courts should use when examining spoliation claims. The Supreme Court’s guidance requires trial courts to consider factors including the identity of the spoliator, the manner in which the spoliation occurred, the prejudice to the nonspoliating party, whether the nonspoliating party bears any responsibility for the spoliation, and whether alternative sources exist for recovering or recreating the spoliated evidence. Robertet Flavors, Inc. v. Tri-Form Construction Inc., — N.J. —, No. A-70/71-08,...
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