Spoliation of Evidence - 3rd Edition by Margaret M Koesel & Tracey L Turnbull (Paperback)

About the Book

This book resolves problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Additionally, negative publicity about the professional and personal reputation of counsel and parties can occur. All litigators will face issues involving the destruction of evidence.

Book Synopsis

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.

About the Author

Margaret M. Koesel and Tracey L. Turnbull work in the Cleveland office of Porter & Wright. Daniel F. Gourash is the managing director of litigation at Seeley, Savidge, Ebert & Gourash in Cleveland, OH.