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Tuesday, January 29, 2008

New Spoliation Case

The Court of Appeals for the Middle Section just issued an opinion regarding the spoliation of evidence in Cincinnati Ins. Co. v. Mid-South Drillers Supply Inc., M2007-00024-R3-CV (Tenn. Ct. App. Jan. 25, 2008). The Court of Appeals held that a trial court may sanction a plaintiff by dismissing the case irrespective of whether the destruction was inadvertent or intentional. Id., slip op. at 1.

Here's a link to the case:

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