Remedies for Spoliation of Evidence

, New York Law Journal

   | 1 Comments

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner review decisions demonstrating the broad discretion the courts have to to ensure an aggrieved party is not unfairly disadvantaged in proving its case or defending its actions, whether that is by striking a pleading, issuing an adverse inference charge, precluding testimony or other sanctions.

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What's being said

  • Lionel Alan Marks

    The article fails to mention a common spoliation situation where a contract has been signed in two copies and each party was given a copy. The plaintiff sues for breach of contract. The defendant claims that he lost his copy of the contract and his signature is not authentic on the plaintiff's copy and the contract was altered by the the plaintiff. The plaintiff claims that if the defendant produced his copy it would have confirmed that the plaintiff's copy was authentic. Isn't the plaintiff entitled to at least an adverse inference charge?

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