Spoliation of Evidence: Sanctions and Remedies for Destruction of Evidence in Civil Litigation, Third Edition

      By Margaret M Koesel and Tracey L Turnbull

      Edited By Daniel F Gourash

      Spoliation of Evidence: Sanctions and Remedies for Destruction of Evidence in Civil Litigation, Third Edition

      Spoliation of Evidence: Sanctions and Remedies for Destruction of Evidence in Civil Litigation, Third Edition

      By Margaret M Koesel and Tracey L Turnbull

      Edited By Daniel F Gourash

      Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions. Negative publicity and the impact on the professional and personal reputation of both counsel and parties are additional considerations when spoliation is a factor. This book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court.
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      Spoliation of evidence is an unfortunate reality of modern-day civil litigation. Whether you represent parties to litigation or are counseling clients who want to avoid litigation, at some point issues involving the destruction of evidence will occur. Case law demonstrates that spoliation can result in additional litigation expense, potential tort liability, and sanctions, in addition to negative publicity and the impact on the professional and personal reputation of both counsel and clients.

      Spoliation of Evidence, Third Edition, helps resolve problems involved with the destruction of evidence. The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court. Among other key topics, the book covers:

      • Record keeping obligations
      • The duty to preserve evidence
      • Independent causes of action for the destruction of evidence
      • Available sanctions and other remedies for spoliation
      • Criminal sanctions for spoliation
      • Developing spoliation law in state civil and federal courts

      Checklists of practical tips can be found at the end of each substantive chapter. Additionally, an annotated bibliography of treatises, law review articles and practical publications on spoliation and a table of cases and index are included.

      Product Details

      Authors

      Margaret M Koesel, Tracey L Turnbull

      Editors

      Daniel F Gourash

      Sponsors

      Tort Trial and Insurance Practice Section

      Publishers

      ABA Book Publishing

      ISBN

      9781627222266

      Page Count

      467

      Product Code

      5190497

      Trim Size

      6 x 9 Paperback

      Publication Date

      8/22/2013 12:00:00 AM

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