Physical unavailability of evidence can influence litigation, but for various reasons, the courts will not always draw an adverse inference against the party that has lost or destroyed such evidence.
Physical Spoliation of Evidence: When It Doesn't Matter
Physical unavailability of evidence can influence litigation, but for various reasons, the courts will not always draw an adverse inference against the party that has lost or destroyed such evidence. One of these reasons is simple relevance. A case in point is <i>Kanyi v. United States</i>, 2001 U.S. Dist LEXIS 19814, in which the plaintiff appealed a Magistrate Judge's order denying a motion for an adverse inference charge against defendants. The court found that even though defendants had destroyed evidence, their actions were at most merely negligent, and besides, the evidence in question was immaterial to the case.
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Elliott B. OppenheimThis premium content is locked for LawJournalNewsletters subscribers only
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