Post Process

Everything to do with E-discovery & ESI

Case Blurb: Alcoa, Inc.; Issuance of Adverse Inference Instruction often ends the litigation

Posted by rjbiii on August 31, 2007

The court in Zubulake pointed out that the giving of an adverse inference instruction often terminates the litigation in that it is “too difficult a hurdle” for the spoliating party to overcome. The court therefore concluded that the adverse inference instruction is an “extreme” sanction that should “not be given lightly.” Consolidated Aluminum Corp. v. Alcoa, Inc., 2006 WL 2583308 (M.D.La) (citing Morris v. Union Pacific R. R., 373 F.3d 896, 900 (8th Cir.2004)).

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