• Spoliation and Adverse Inferences: Paper Documents Count Too!
  • January 19, 2016 | Authors: Charles J. Falletta; Beth S. Rose
  • Law Firm: Sills Cummis & Gross P.C. - Newark Office
  • Generally, the law of spoliation requires litigants to preserve relevant documents through a litigation hold in cases where litigation is reasonably anticipated, or to face potential litigation sanctions. However, is litigation reasonably anticipated and does the duty to preserve attach where a company has a general awareness that it may be sued in the future for its products, and was not sued until approximately twenty five years after the company stopped selling the product in question? Apparently, the answer is yes, at least in the context of asbestos litigation.