Spoliation Of Documents And Appropriate Sanctions

Law360, New York (July 1, 2011, 3:11 PM EDT) -- In two landmark decisions, the Court of Appeals for the Federal Circuit held that a duty to preserve evidence attaches when litigation is “pending or reasonably foreseeable” under an objective standard, which does not carry a gloss requiring that litigation be imminent, probable or without significant contingencies. The court also broke new ground at the circuit court level by articulating that “clear and convincing” evidence is required before a dispositive dismissal sanction for spoliation can be imposed.

There must be evidence of (1) bad faith by...
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