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Negligence › Duty to Preserve

White and Williams LLP

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

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The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more

White and Williams LLP

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

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In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - October 2016

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When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

Saul Ewing Arnstein & Lehr LLP

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Saul Ewing Arnstein & Lehr LLP on

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

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