Eight Circuit Affirms Trial Court’s Denial of Spoliation Sanctions Where No “Desire to Suppress the Truth” and No Prejudice Shown
Greyhound Lines, Inc. v. Wade, 2007 WL 1189451 (8th Cir. Apr. 24, 2007)
In this case, Greyhound Lines, Inc. sued Robert Wade and Archway Cookies, LLC (collectively Archway). In August 2000, an Archway truck driven by Wade rear-ended a Greyhound bus on Interstate 80 in Nebraska. After a bench trial, the district court apportioned fault at 85 percent to Archway and 15 percent to Greyhound. Archway appealed, asserting, among other things, that the court erred in refusing to impose sanctions for alleged spoliation of electronic data. Read More