Spoliation Scrutiny: Disparate Standards For Distinct Mediums

By Robin Shah (December 21, 2017, 5:07 PM EST) -- On Dec. 1, 2015, Federal Rule of Civil Procedure 37(e) was amended with the intent of providing a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. The rules advisory committee noted that federal courts have historically applied varying standards for imposing spoliation sanctions, and the amended rule was supposed to "foreclose[] reliance on inherent authority or state law" to establish uniformity among the courts....

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