Post Process

Everything to do with E-discovery & ESI

Posts Tagged ‘Federal Diversity Cases’

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

Posted in 11th Circuit, Case Blurbs, Florida, Magistrate Judge Barry S. Seltzer, S.D. Fla., Sanctions, Spoliation | Tagged: , | Leave a Comment »