Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Practice Tip: Spoliation and the 'Bad Faith' Requirement

By Josh Becker and Jenny Mendelsohn
May 29, 2012

The impact of a plaintiff's losing or destroying a product that is the subject litigation depends in large part on where the suit is pending. While attorneys likely appreciate the risk of judges applying spoliation law differently, they may not appreciate how spoliation jurisprudence can vary from state to state. For example, in some jurisdictions a finding of “bad faith” is required to impose sanctions. In others, whether “bad faith” exists or not is just one factor a court should evaluate when determining whether to impose sanctions. Still other courts do not even consider “bad faith” when determining whether to impose spoliation sanctions.

This article underscores the necessity of understanding the importance of preserving evidence given the jurisdictional differences in spoliation law. To illustrate these differences, we compare spoliation law in Georgia, Florida and Alabama ' three states that highlight the disparity in the law that can exist even between neighboring states in the same federal circuit.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.