Producing copies of documents instead of originals can be spoliation, the 3rd U.S. Circuit Court of Appeals has ruled, though a finding of bad faith is "pivotal" to a spoliation determination.
January 06, 2012 at 12:00 AM
1 minute read
Producing copies of documents instead of originals can be spoliation, the 3rd U.S. Circuit Court of Appeals has ruled, though a finding of bad faith is “pivotal” to a spoliation determination.
In a case that highlights how fact-intensive rulings on discovery disputes can be, the court ruled a lack of bad faith removes the possibility that sanctionable spoliation occurred.
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