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Spoliation Damages

Harris Beach PLLC

The First Department’s Rejection of Spoliation Sanctions For Pre-IME Surgeries Jeopardizes Plaintiff’s Duty to Mitigate Damages

Harris Beach PLLC on

The Appellate Division, First Department of the New York State Supreme Court recently held that a personal injury plaintiff cannot be sanctioned for spoliation of evidence for undergoing surgical repair of an allegedly...more

White and Williams LLP

Idaho Formally Adopts an Independent Tort for Third Party Spoliation

White and Williams LLP on

Idaho is the latest of several states that now recognize an independent tort against third parties that willfully compromise evidence in an attempt to interfere with a potential civil lawsuit. Courts have long provided...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - October 2016

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

Morrison & Foerster LLP

The Ghosts of Litigation Holds Past

Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more

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