Archive: January 23, 2012

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Failure to Produce Originals Could be Spoliation in Third Circuit

Failure to Produce Originals Could be Spoliation in Third Circuit

Bull v. United Parcel Service, Inc., 665 F.3d (3d Cir. 2012)

In this case, the appellate court concluded that “producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information,” but found that in the present case, the District Court abused its discretion in finding that spoliation had occurred and in imposing a sanction of dismissal with prejudice.

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