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Appeals › Evidence › Spoliation

Rumberger | Kirk

What Constitutes Spoliation of Video Evidence?

Rumberger | Kirk on

On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse...more

Harris Beach Murtha PLLC

New York Clarifies Rules Surrounding Sanctions in Two Spoliation Cases

Harris Beach Murtha PLLC on

The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence. Both Phelps...more

Robins Kaplan LLP

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

Robins Kaplan LLP on

Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more

Faegre Drinker Biddle & Reath LLP

Missing Transmittal Envelope Was Not The Intentional Spoliation Of Evidence Justifying Indiana Tax Court’s Dismissal Of Income Tax...

Faegre Drinker Biddle & Reath LLP on

An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more

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