Post Process

Everything to do with E-discovery & ESI

Case Blurb: Scalera; Courts states test for Imposition of Adverse Inference for Spoliation (2nd Cir.)

Posted by rjbiii on December 16, 2009

A party seeking an adverse inference instruction as a sanction for the spoliation of evidence must establish that:
(1) “the party having control over the evidence had an obligation to preserve it at the time it was destroyed,”
(2) “the records were destroyed with a ‘culpable state of mind,'” and
(3) “the destroyed evidence was ‘relevant’ to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.”

“A party seeking sanctions for spoliation has the burden of proving that the alleged spoliator had an obligation to preserve evidence, acted culpably in destroying it, and that the evidence would have been relevant to the aggrieved party’s case.”

Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 at *6-7, 23 (E.D.N.Y. Sept. 29, 2009)(citing Toussie v. County of Suffolk, 2007 U.S. Dist. LEXIS 93988, 2007 WL 4565160, at *6 (E.D.N.Y. Dec. 21, 2007) and Ramirez v. Pride Dev. & Constr. Corp., 244 F.R.D. 162, 164 (E.D.N.Y. 2007)).

See Case Summary here.

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