Spoliation Of Evidence

Author: Margaret M. Koesel
Publisher: American Bar Association
ISBN: 9781590316221
Size: 20.26 MB
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This book is a practical treatise with practical tips addressing spoliation issues in civil practice.

2010 Tios Book Catalog

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Publisher: American Bar Association
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Spoliation of Evidence: Sanctions and Remedies for Destruction of Evidence in
Civil Litigation, Second Edition By Margaret M. Koesel and Tracey L. Turnball
Daniel F. Gourash. Editor Consulting this book should be your first step to
resolving problems involved with the destruction of evidence. Spoliation of
evidence is an unfortunate reality of modern-day civil litigation. Whether
representing parties to litigation or counseling clients who want to avoid litigation,
at some point lawyers will ...

Aba Journal

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Spoiled Cargo Court joins bandwagon in ruling against spoliation- of-evidence
cause of action over missing trucker's log Search Sources LEXIS NEXIS ^ . J )i -J
3. LISA GOFF ... Spoliation of Evidence: Sanctions and Remedies for Destruction
of Evidence in Civil Litigation, is Don't Celebrate Yet The state court's ruling,
however, does not mean that defendants everywhere will stampede toward a
shredder with a glass of champagne in one hand and damning evidence in the
other.

Publications Catalog

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Publisher: American Bar Association
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oliation of Evidence: Sanctions and Remedies Destruction of Evidence in Civil
Litigation, Edition ret M. Koesel and Tracey L. Turnball by Daniel F. Gourash Your
first step to resolving problems involved with the destruction of evidence.
Spoliation of evidence is an unfortunate reality of modern-day civil litigation.
Whether you represent parties to litigation, or are counseling clients who want to
avoid litigation, at some point you will face issues involving the destruction of
evidence.

Truck Accident Litigation

Author: Laura Ruhl Genson
Publisher: American Bar Association
ISBN: 9781590317600
Size: 10.35 MB
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Id. In regard to a party to a civil action, intentional spoliation of evidence is
misconduct of such a serious nature that the existing remedies are not a sufficient
response. Id. at 571. Most states that have adopted the tort have agreed that
intentional spoliation of evidence consists of the following elements: ( I ) pending
or probable civil litigation; (2) knowledge of the spoliator that the litigation is
pending or probable; (3) willful destruction of evidence; (4) intent of the spoliator
to interfere with ...

The Brief

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www.ababooks.org Spoliation of Evidence: Sanctions and Remedies for
Destruction of Evidence In Civil Litigation, Second Edition Editors: Margaret M.
Koesel, Tracey L. Turnbull, and Daniel F. Gourash Spoliation of Evidence
Sanctions and Remedies for Destruction of Evidence in Civil Litigation Morgare
Trocey L. Daniel c 4k 2006 340 pages 6x9 paper lular Price: $89.95 TIPS
Member Price: $79.95 duct Code: 5190383 ISBN: 1-59031-622-1 This new guide
is your first step to ...

Destruction Of Evidence

Author: Jamie S. Gorelick
Publisher: Aspen Publishers Online
ISBN: 0735545499
Size: 64.86 MB
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At most, criminal sanctions could deter evidence destruction in civil litigation. The
apparent disinterest of government prosecutors in evidence destruction in civil
suits, however, as reflected in the lack of reported prosecutions, renders the
obstruction-of-justice statutes rather toothless against such misconduct. Scarce
prosecutorial resources simply do not permit prosecution of spoliation in private
lawsuits.147 With respect to the states, there is wide variation in even the
theoretical ...

Litigation News

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Intentionally Destroying Documents in Civil Litigation Held to Be a Crime By N.
David Bleisch Litigation News Associate Editor "[I]t is well established that a court
may impose both civil and criminal sanctions in connection with the same
contumacious behavior." Civil Remedies for Destruction of Evidence Methods of
preserving evidence have specifically refused to create a separate tort remedy.
Nearly half the states remain undecided. Courts that have recognized a
spoliation tort have ...

Florida Law Review

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The first cases to recognize independent spoliation torts involved situations
where a party to the underlying civil litigation destroyed evidence.” Over the years
, however, numerous courts have recognized that there is no need to adopt an
independent spoliation tort against a party to the underlying civil action because
there are other court sanctions available against the party that both deter such
conduct and provide a remedy to the injured party.” Depending on the spoliator's
culpability ...

South Western Reporter Second Series

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Trial courts have broad discretion 3 in choosing the appropriate sanction. See
TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 917 (Tex.1991).
There are a wide variety available. See Scott S. Katz & Anne Marie Muscaro,
Spoilage of Evidence — Crimes, Sanctions, Inferences, and Torts, 29 Tort & Ins.
L.J. 51 (1993); Kelly P. Cambre, Comment, Spoliation of Evidence: Proposed
Remedies for the Destruction of Evidence in Louisiana Civil Litigation, 39 Loy.