Post Process

Everything to do with E-discovery & ESI

Case Blurb: Cammarata; Court’s Authority to Impose Sanctions for Spoliation

Posted by rjbiii on March 29, 2010

Allegations of spoliation, including the destruction of evidence in pending or reasonably foreseeable litigation, are addressed in federal courts through the inherent power to regulate the litigation process if the conduct occurs before a case is filed or if, for another reason, there is no statute or rule that adequately addresses the conduct. If an applicable statute or rule can adequately sanction the conduct, that statute or rule should ordinarily be applied, with its attendant limits, rather than a more flexible or expansive “inherent power.”

When inherent power does apply, it is “interpreted narrowly, and its reach is limited by its ultimate source–the court’s need to orderly and expeditiously perform its duties.” In [Supreme Court case] Chambers, the inherent power was linked to the bad-faith conduct that affected the litigation. See 501 U.S. at 49. If inherent power, rather than a specific rule or statute, provides the source of the sanctioning authority, under Chambers, it may be limited to a degree of culpability greater than negligence.

See case summary here.

Rimkus Consulting Group, Inc. v. Cammarata, 2010 U.S. Dist. LEXIS 14573, 14-15 (S.D. Tex. Feb. 19, 2010) (internal citations removed).

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