14 Massachusetts opinions name it 4 courts 1996–2025 2 in the last five years
The cases below were cited by Massachusetts 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.
| Case | Followed | Cited |
|---|---|---|
Keene v. Brigham & Women's Hospital, Inc.green2 sentences2010The doctrine of spoliation “permits the imposition of sanctions and remedies for the destruction of evidence in civil litigation.” Keene v. Brigham and Women's Hosp., Inc., 439 Mass. 223, 234 (2003). 2010The doctrine of spoliation “permits the imposition of sanctions and remedies for the destruction of evidence in civil litigation.” Keene v. Brigham and Women’s Hosp., Inc., 439 Mass. 223, 234 (2003). | 7 | 7 |
Wiedmann v. Bradford Group, Inc.green2 sentences2024See Wiedmann v. The Bradford Group, Inc., 444 Mass. 698, 705-706 (2005). "[T]he doctrine of spoliation . . . permits the imposition of sanctions and remedies for the destruction of evidence in civil litigation. 2010However, “the sanction should be narrowly ‘addressed to the precise unfairness that would otherwise result.’ ” Wiedmann v. The Bradford Group, Inc., 444 Mass. 698, 706 (2005) (quoting Keene at 235). | 3 | 3 |
Westover v. Leiserv, Inc.green2 sentences2009The doctrine of spoliation is “based on the premise that a parly who has negligently or intentionally lost or destroyed evidence known to be relevant for an upcoming legal proceeding should be held accountable for any unfair prejudice that results.” Westover v. Leiserv, Inc., 64 Mass.App.Ct. 109, 113 (2005). 2007The doctrine of spoliation is “based on the premise that a party who has negligently or intentionally lost or destroyed evidence known to be relevant for an upcoming legal proceeding should be held accountable for any unfair prejudice that results.” Westover v. Leiserv, Inc., 64 Mass.App.Ct. 109, 113 (2005). | 2 | 2 |
Nally v. Volkswagen of America, Inc.green2 sentences2008See Natty v. Volkswagen of America, Inc., 405 Mass. 191, 197-198 (1989). 1996Nally v. Volkswagen of America, Inc., 405 Mass. 191, 197-198 (1989); Bolton v. Massachusetts Bay Transportation Authority, 32 Mass.App.Ct. 654, 656 (1992). | 2 | 2 |
Kippenhan v. Chaulk Services, Inc.green2 sentences2005See Kippenhan v. Chaulk Servs., Inc., 428 Mass. 124, 127 (1998) (negligent destruction of evidence is sufficient to constitute spoliation). 2004Kippenhan , at 127. | 2 | 2 |
Herrick v. Richardsongreen1 sentence2024The doctrine is based on the premise that a party who has negligently or intentionally lost or destroyed evidence known to be relevant for an upcoming legal proceeding should be held accountable for any unfair prejudice that results." Keene, 439 11 Mass. at 234, citing Fletcher v. Dorchester Mut. | 1 | 1 |
Commonwealth v. Gliniewiczgreen1 sentence2010Although we have never specifically been asked to decide whether, or to what extent, the spoliation doctrine applicable in civil cases should be applied in criminal cases, two cases cited in the text, Commonwealth v. Gliniewicz, 398 Mass. 744, 747-749 (1986), and Commonwealth v. Olszewski, 401 Mass. 749 , 754 n.2 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994), in substance apply similar principles. | 1 | 1 |
Barbara Jackson v. Harvard Universitygreen1 sentence1996Nally, 405 Mass. at 197 ; Bolton, 32 Mass.App.Ct. at 657 ; Jackson v. Harvard University, 900 F.2d 464, 469 (1st Cir. 1990). | 1 | 1 |
Bolton v. Massachusetts Bay Transportation Authoritygreen2 sentences1996Nally v. Volkswagen of America, Inc., 405 Mass. 191, 197-198 (1989); Bolton v. Massachusetts Bay Transportation Authority, 32 Mass.App.Ct. 654, 656 (1992). 1996Nally, 405 Mass. at 197 ; Bolton, 32 Mass.App.Ct. at 657 ; Jackson v. Harvard University, 900 F.2d 464, 469 (1st Cir. 1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Young v. Oklahoma
green
1 sentence2010Although we have never specifically been asked to decide whether, or to what extent, the spoliation doctrine applicable in civil cases should be applied in criminal cases, two cases cited in the text, Commonwealth v. Gliniewicz, 398 Mass. 744, 747-749 (1986), and Commonwealth v. Olszewski, 401 Mass. 749 , 754 n.2 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994), in substance apply similar principles. | 1 | 2010–2010 |
Scott v. Garfield
green
2 sentences2010While the Court thus does not order relief under the spoliation doctrine, that is not to say that evidence of plaintiffs’ actions (and the “preaccident condition of the lost evidence,” Scott, supra, 454 Mass. at 799 , quoting Gath), if admissible on some other ground, may not be admitted at trial. 2010While the Court thus does not order relief under the spoliation doctrine, that is not to say that evidence of plaintiffs’ actions (and the “preaccident condition of the lost evidence,” Scott, supra, 454 Mass. at 799 , quoting Gath), if admissible on some other ground, may not be admitted at trial. | 1 | 2010–2010 |
Commonwealth v. Olszewski
green
1 sentence2010Although we have never specifically been asked to decide whether, or to what extent, the spoliation doctrine applicable in civil cases should be applied in criminal cases, two cases cited in the text, Commonwealth v. Gliniewicz, 398 Mass. 744, 747-749 (1986), and Commonwealth v. Olszewski, 401 Mass. 749 , 754 n.2 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994), in substance apply similar principles. | 1 | 2010–2010 |
Commonwealth v. Olszewski
green
1 sentence2010Although we have never specifically been asked to decide whether, or to what extent, the spoliation doctrine applicable in civil cases should be applied in criminal cases, two cases cited in the text, Commonwealth v. Gliniewicz, 398 Mass. 744, 747-749 (1986), and Commonwealth v. Olszewski, 401 Mass. 749 , 754 n.2 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994), in substance apply similar principles. | 1 | 2010–2010 |
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.