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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]