Outside Counsel

Spoliation of Evidence: Considerations and Remedies

, New York Law Journal


Kevin G. Faley and Andrea M. Alonso, partners at Morris Duffy Alonso & Faley, write that the courts consider a broad range of factors in deciding when and what spoliation remedies are appropriate, and at the very least, there must be a duty to preserve evidence in order to sustain a spoliation claim and the court will then ask if the evidence is essential to the case and whether either party is prejudiced without it.

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