Topic: spoliation occurs where: the evidence was in the party's co… · Go Syfert
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Topic #4520

3 canonical passages across 2 cases, quoted by 111 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Bull v. United Parcel Service, Inc..

#Case FlagCanonical passage Citers
1 Bull v. United Parcel Service, Inc. Anchor
ca3 · 2012
green “spoliation occurs where: the evidence was in the party's control; the evidence is relevant to the claims or defenses in the case; there has been actual suppression or withholding of evidence; and, the duty to preserve the evidence was reasonably foreseeable to the party.” 68
2 Bull v. United Parcel Service, Inc.
ca3 · 2012
green “a finding of bad faith is pivotal to a spoliation determination.” 27
3 Judson C. Brewer v. Quaker State Oil Refining Corporation Quaker State Corporation
ca3 · 1995
green “when the contents of a document are relevant to an issue in a case, the trier of fact generally may receive the fact of the document's nonproduction or destruction as evidence that the party that has prevented production did so out of the well-founded fear that the contents woul…” 16

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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