Lian Skaf

White and Williams LLP

+ Follow Contact

Latest Posts › Destruction of Evidence

Share:

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

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

7/11/2019 / Abuse of Discretion , Breach of Contract , Destruction of Evidence , Discovery , Discovery Disputes , Duty to Preserve , Motion for Sanctions , Negligence , Spoliation , Subrogation , Vacated

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

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

11/16/2018 / Destruction of Evidence , Discovery , Discovery Disputes , Duty to Preserve , Evidence , Motions to Quash , Negligence , Spoliation , Subrogation , Third-Party

Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

In Amica Mutual Ins. Co. v. BrassCraft Mfg., Co., 2018 U.S. Dist. LEXIS 88986 (D.R.I. May 29, 2018), the United States District Court for the District of Rhode Island addressed the question of whether the defendant was so...more

8/15/2018 / Destruction of Evidence , Discovery , Duty to Preserve , FRCP 37 , Insurance Litigation , Motion to Dismiss , Prejudice , Sanctions , Spoliation , Subrogation

3 Results

View per page

Page: of 1