Intellectual Property Law

Spoilation = Destruction of Evidence = Dismissal + Sanctions

By Michael Kivi

Here is a link to Judge Judith Fabricant’s recent decision in Stein v. Clinical Data (reported on the front page of the November 30, 2009 Mass Lawyer’s Weekly), where she found that the plaintiff had destroyed evidence.  Judge Fabricant sanctioned the plaintiff in this case by dismissing his case and ordering him to pay almost a quarter of a million dollars in attorney’s fees and costs to the defendant.  These cases are relatively rare (since the party who destroys evidence rarely is caught), but the consequences to the party who engages in this kind of conduct can be devastating.

Stein v. Clinical Data (SpoilatIon)

Full post as published by Mass Law Blog on December 04, 2009 (boomark / email).