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Re: 100lbStriper post# 24398

Monday, 06/24/2024 8:52:31 AM

Monday, June 24, 2024 8:52:31 AM

Post# of 25528
$NLST Spoliation.........The failure to preserve potentially relevant evidence for an ongoing or reasonably foreseeable litigation is known as spoliation. Courts can sanction parties for spoliation, and generally impose sanctions which can include:
* Imposition of monetary sanctions, sometimes including payment of the opposing party’s expenses and attorney fees;
* Limitations on the amount of damages recoverable based on lost evidence;
* Instructions to the jury to draw an adverse inference against the party responsible for losing the evidence;
* Striking pleadings in whole or in part;
* Precluding a party from introducing other evidence;
* Preventing the culpable party from proceeding with certain claims or defenses; or
* Dismissing the case or awarding default judgment against the spoliator.
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