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Thomas F. GleasonThomas F. Gleason ()

In Pegasus Aviation I v. Varig Logistica S.A,1 the Court of Appeals held that a party seeking sanctions for spoliation of evidence must show that the party controlling the evidence possessed an obligation to preserve it at the time of its destruction; that the evidence was destroyed with a “culpable state of mind” (meaning intentionally; with gross negligence or ordinary negligence2); and that the evidence was relevant to the party’s claim or defense.3 The latter two requirements are mostly factual, but the first requirement (the duty to preserve) is imposed by law. Where does this legal obligation to preserve evidence come from?

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