Post Process

Everything to do with E-discovery & ESI

Case Blurb: Alcoa; Adverse Inference, exclusion are drastic measures

Posted by rjbiii on August 29, 2007

In exercising its discretion, a court may exclude the spoiled evidence or allow the jury to infer that the party spoiled the evidence b/c the evidence was unfavorable to the party’s case. However, these sanctions are considered drastic, and courts generally try to avoid imposing them when lesser sanctions are available. 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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