Litigation

Fourth District: Spoliation
The notion that a spoliation claim cannot be brought simultaneously with the underlying action (the one allegedly compromised by the spoliation) applies to a statutory spoliation claim under the workers' compensation statutes, the Fourth District explained in this decision...

Fourth District: Spoliation and Workers' Compensation
Spoliation fans may be interested in this case, where the Fourth District held that a special employer for workers' compensation purposes has a statutory duty to preserve evidence. Breach of that duty can support a spoliation claim.

No spoliation sanctions for deletion of email where CD copies had been made
Bakhtiari v. Lutz, — F.3d —-, 2007 WL 3377215 (8th Cir. November 15, 2007) Not too many e-discovery (or any type of discovery) disputes get to the federal courts of appeal...

Supreme Court Declines Review in Spoliation Case
In Perez v. La Dove, Inc., a case which I wrote about here and here, the Third DCA held that an injured worker must specifically request his employer to preserve evidence critical to his third-party liability claim before liability for spoliation of evidence will arise against the employer...

Sixth Circuit Grants En Banc Review in Case to Determine Whether State or Federal Law Governs Spoliation of Evidence
The Sixth Circuit has granted en banc review in a case in which a panel of the court noted that the Circuit's rule applying state law to determine spoliation of evidence issues was out of step with the approach taken in other circuits...

Indiana Employee Has No Claim Against Employer for Spoliation of Evidence
In Glotzbach v. Froman, the Indiana Supreme Court held that an employee whose injuries are covered by the Worker's Compensation Act had no claim against the employer for disposing of debris and equipment damaged in an explosion...

Canceled Insurance
Judge orders Health Net Inc. to pay $9 million settlement after terminating a policyholder's policy after being diagnosed with breast cancer.

SunTrust HELOC Loan Termination
SunTrust HELOC allegedly violated clients contracts by decreasing, freezing, or terminating HELOC loans.