Spoliation Concerns In Enviro, Toxic Tort Litigation
November 19, 2008, 12:00 AM EST
Law360 (November 19, 2008, 12:00 AM EST) -- In the context of toxic torts and environmental litigation, a claim of spoliation can relate to the destruction of physical evidence of environmental contamination. This presents a unique situation of competing interests in preserving a condition as proof of potential liability versus ameliorating a condition of potential harm to public health and the environment.
Spoliation is considered an act of foul play that occurs when one party fails to preserve evidence favorable to their adversary's position in pending or reasonably foreseeable litigation.