spoliation instruction (Michigan) · Go Syfert
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spoliation instruction in Michigan

5 Michigan opinions name it 1 courts 2016–2024 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Brenner v. Kolkgreen
michctapp · 1998 · cited in 4 Michigan opinions naming this issue, 2016–2020
2 sentences

2020A “litigant is under a duty to preserve evidence that it knows or reasonably should know is relevant to [an] action,” Brenner v Kolk, 226 Mich App 149, 162 ; 573 NW2d 65 (1997), and failure to preserve that evidence can result in a sanction in the form of a spoliation instruction, Pugno v Blue Harvest Farms LLC, 326 Mich App 1, 24 ; 930 NW2d 393 (2018).

2020A “litigant is under a duty to preserve evidence that it knows or reasonably should know is relevant to [an] action,” Brenner v Kolk, 226 Mich App 149, 162 ; 573 NW2d 65 (1997), and failure to preserve that evidence can result in a sanction in the form of a spoliation instruction, Pugno v Blue Harvest Farms LLC, 326 Mich App 1, 24 ; 930 NW2d 393 (2018).

14
Liliya Komendat v. Andrew Giffordgreen
michctapp · 2020 · cited in 1 Michigan opinions naming this issue, 2024–2024
1 sentence

2024See M Civ JI 60.1; see also Komendat, 334 Mich App at 150-151 (Citing M Civ JI 60.1, and determining that a spoliation instruction may be warranted if the evidence in question is material).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
John Pugno v. Blue Harvest Farms LLC green
michctapp · 2018
2 sentences

2020A “litigant is under a duty to preserve evidence that it knows or reasonably should know is relevant to [an] action,” Brenner v Kolk, 226 Mich App 149, 162 ; 573 NW2d 65 (1997), and failure to preserve that evidence can result in a sanction in the form of a spoliation instruction, Pugno v Blue Harvest Farms LLC, 326 Mich App 1, 24 ; 930 NW2d 393 (2018).

2020A “litigant is under a duty to preserve evidence that it knows or reasonably should know is relevant to [an] action,” Brenner v Kolk, 226 Mich App 149, 162 ; 573 NW2d 65 (1997), and failure to preserve that evidence can result in a sanction in the form of a spoliation instruction, Pugno v Blue Harvest Farms LLC, 326 Mich App 1, 24 ; 930 NW2d 393 (2018).

12020–2020

Where else courts name it

TX 206 (1998–2026) NY 98 (1999–2026) OH 33 (2001–2026) IL 33 (1986–2025) IA 27 (1987–2026) GA 23 (2007–2026) RI 21 (1999–2026) PA 21 (1997–2026) FL 17 (1991–2025) MO 16 (1977–2025) CA 14 (1990–2023) MA 14 (1996–2025) IN 14 (1999–2026) MS 11 (2002–2020) ID 9 (1995–2023) NC 8 (2008–2025) MD 8 (2009–2021) WA 8 (2006–2021) LA 7 (2006–2024) CT 7 (1998–2020) NJ 6 (1993–2021) AL 6 (1999–2015) WI 6 (2002–2026) SD 6 (2003–2025) MI 5 (2016–2024) DC 5 (1990–2010) AZ 4 (2009–2023) WV 4 (2003–2018) DE 3 (2018–2026) AR 3 (1919–2024) AK 3 (1988–2021) CO 3 (2020–2026) MN 3 (1990–2018) KY 3 (2011–2023) TN 3 (2015–2018) VT 2 (2005–2023) NV 2 (2006–2010) UT 2 (1994–2014) HI 2 (2003–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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