Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer Jan 2006

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer

Scholarly Articles

The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that …


Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine Jan 2002

Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine

West Virginia Law Review

No abstract provided.


Balancing The Scales After Evidence Is Spoiled: Does Pennsylvania's Approach Sufficiently Protect The Injured Party, Cecilia Hallinan Jan 1999

Balancing The Scales After Evidence Is Spoiled: Does Pennsylvania's Approach Sufficiently Protect The Injured Party, Cecilia Hallinan

Villanova Law Review

No abstract provided.