Tuesday, November 04, 2008, 11:37 PM

COA Says Spoliation Isn't A Basis For Sanctions

Today in a case from the Industrial Commission the COA held that while spoliation of evidence can have evidentiary consequences (it can give rise to an adverse inference instruction), it is not itself a basis for sanctions in the absence of other independent statutory or rule violations authorizing the imposition of sanctions. The case is Holloway v. Tyson Foods, Inc.


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