Post Process

Everything to do with E-discovery & ESI

Case Blurb: Santana; Courts May Look to State Law for Guidance (11th Cir. / Fla.)

Posted by rjbiii on April 8, 2011

Federal law governs the imposition of sanctions for spoliation of evidence, even in diversity cases. Because the the Eleventh Circuit has not set forth specific guidelines for the imposition of spoliation sanctions, the “courts may look to state law for guidance so long as the principles are consistent with federal spoliation principles.” Although the Eleventh Circuit has not expressly found Florida law to be wholly consistent with federal spoliation principles, lower federal courts have routinely looked to Florida law for guidance on when to impose sanctions for spoliation.

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *3 (S.D. Fla Feb. 18, 2011).

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: