Spoliation Of Evidence

Author: Margaret M. Koesel
Publisher: American Bar Association
ISBN: 9781590316221
Size: 72.35 MB
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This book is a practical treatise with practical tips addressing spoliation issues in civil practice.

Publications Catalog

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Publisher: American Bar Association
ISBN:
Size: 65.41 MB
Format: PDF, ePub
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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
... Spoliation of evidence is an unfortunate reality of modern-day civil litigation.

Truck Accident Litigation

Author: Laura Ruhl Genson
Publisher: American Bar Association
ISBN: 9781590317600
Size: 50.12 MB
Format: PDF
View: 4317
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The tort of intentional spoliation of evidence consists of the following elements: ( I
) a pending or potential civil action; (2) knowledge of the ... adopted the Struthers
process for evaluating the details, significance, and sanctions concerning
allegations of the destruction of evidence. ... The primary remedies used to
combat spoliation are pretrial discovery sanctions, the spoliation inference, and
recognition of ...

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 ...

Destruction Of Evidence

Author: Jamie S. Gorelick
Publisher: Aspen Publishers Online
ISBN: 0735545499
Size: 62.38 MB
Format: PDF, ePub, Mobi
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Research reveals that the threat of criminal prosecution for evidence destruction
in civil litigation is more theoretical ... destruction in a private lawsuit.146 Even if
criminal sanctions are invoked to combat inappropriate evidence ... Scarce
prosecutorial resources simply do not permit prosecution of spoliation in private
lawsuits.147 With respect to ... 145 See Oesterle, A Private Litigant's Remedies,
61 Tex ...

Florida Law Review

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Publisher:
ISBN:
Size: 41.22 MB
Format: PDF, ePub, Docs
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Courts have recognized the detrimental impact that the spoliation of evidence
can have on an individual civil trial and the judicial ... The first cases to recognize
independent spoliation torts involved situations where a party to the underlying
civil litigation destroyed evidence. ... there are other court sanctions available
against the party that both deter such conduct and provide a remedy to the
injured party.

Litigation News

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Size: 79.31 MB
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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 focused on the
need to provide the "victims" of the act with a ... Alternative remedies include the
court's ability to impose discovery sanctions or give jury instruc tions that will
punish ...

Preserving Electronic Evidence For Trial

Author: Ann D. Zeigler
Publisher: Syngress
ISBN: 0128093668
Size: 78.90 MB
Format: PDF
View: 3357
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This practice handbook by an internationally known digital forensics expert and an experienced litigator focuses on what corporate and litigation counsel as well as IT managers and forensic consultants need to know to communicate ...

Civil Litigation Reporter

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Size: 12.27 MB
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The instruction might also have led the jury to infer that the strips were destroyed
to conceal evidence of negligence. ... Code of Civil Procedure §2023 Sanctions
The Cedars-Sinai court also reaffirmed the use of discovery sanctions in place of
intentional spoliation of evidence claims. ... Thus, although your client might want
the other party in jail, this is not a realistic remedy in a civil discovery dispute.