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Evidence Spoliation—A Growing New Tort ( November 1996 )
During the mid-1980s, courts in three states (Alaska/California/Florida) began upholding the civil tort of spoliation of evidence, permitting the recovery of money damages from persons or companies who destroyed evidence relevant to a civil claim. Juries were allowed to award damages for such claims, albeit normally small awards. But today, the awards can approach or exceed "seven figures" if the evidence destruction is viewed as outrageous and significantly prejudiced an injured party from pursuing his or her injury-recovery day in court. -
PHKS: Technology Alert: Volume 4 Issue 1: Wayward Trends in Internet Unfair Competition Litigation ( April 2000 )
This article discusses the independent tort of intentional spoliation of evidence and how a company can avoid this type of claim by preserving documents and or evidence. -
Superior Court Addresses Spoliation And Admissibility of Evidence in Products Liability Actions ( December 1998 )
Three recent decisions by the Pennsylvania Superior Court dealing with spoliation of evidence and the admissibility.
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