3rd Circ. Reverses Evidence Sanction In UPS Bias Suit

Law360, New York (January 4, 2012, 7:53 PM EST) -- The Third Circuit on Wednesday revived an employment discrimination suit against United Parcel Service Inc., ruling that a lower court erred when it nixed the suit as a sanction for alleged spoliation of evidence.

A three-judge panel also ruled that the district court abused its discretion in ruling that the plaintiff intentionally withheld evidence from UPS, and remanded the case back to the lower court for a new trial.

“We reach a very different conclusion when we turn to the question of whether spoliation occurred here,”...
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