Post Process

Everything to do with E-discovery & ESI

Case Blurb: L-3; Elements of Spoliation, 11th Circuit

Posted by rjbiii on November 8, 2007

“‘Spoliation’ is the ‘intentional destruction, mutilation,alteration, or concealment of evidence.'” Federal law governs the imposition of spoliation sanctions in this case, but state law may be consulted to guide the Court in its analysis.

Generally, spoliation is established when the party seeking sanctions proves (1) that the missing evidence existed at one time;(2) that the alleged spoliator had a duty to preserve the evidence;and (3) that the evidence was crucial to the movant being able to prove its prima facie case or defense. Additionally, in this circuit sanctions for spoliation of evidence are appropriate “only when the absence of that evidence is predicated on bad faith. . . . ‘Mere negligence’ in losing or destroying the records is not enough for an adverse inference, as ‘it does not sustain an inference of consciousness of a weak case.'”

Lockheed Martin Corp. v. L-3 Communications Corp., 2007 U.S. Dist. LEXIS 79572 (M.D. Fla. Oct. 25, 2007) (internal citations removed).

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