Post Process

Everything to do with E-discovery & ESI

Case Blurb: Ed Schmidt Pontiac-GMC Truck, Inc.; Elements for Spoliation as a Cause of Action in Ohio

Posted by rjbiii on July 19, 2008

In Ohio, the elements of a spoliation claim [i.e., a claim for interference with or destruction of evidence] are:
(1) pending or probable litigation involving the plaintiff, (2) knowledge on the part of defendant that litigation exists or is probable, (3) willful destruction of evidence by defendant designed to disrupt the plaintiff’s case, (4) disruption of the plaintiff’s case, and (5) damages proximately caused by the defendant’s acts.

Ed Schmidt Pontiac-GMC Truck, Inc. v. Chrysler Motors Co., LLC, 2008 WL 2704859 (N.D. Ohio July 7, 2008 )

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