Spoliation of Evidence Sanctions and Remedies for Destruction of Evidence in Civil Litigation

by Koesel, Margaret M.; Turnbull, Tracey L.; Gourash, Daniel F.

• ISBN13: 9781627222266
• ISBN10: 162722226X
• Edition: 3rd
• Format: Paperback
• Copyright: 2014-09-07
• Publisher: American Bar Association
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Summary

Spoliation of Evidence, Third Edition, helps resolve problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Additionally, negative publicity and the impact on the professional and personal reputation of counsel and parties are other considerations. 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.

The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court.

Among other key topics, the book covers:
• Record keeping obligations
• The duty to preserve evidence
• Independent causes of action for the destruction of evidence

Author Biography

Margaret M. Koesel and Tracey L. Turnbull work in the Cleveland office of Porter & Wright. Daniel F. Gourash is the managing director of litigation at Seeley, Savidge, Ebert & Gourash in Cleveland, OH.