Jonathan Forman, Your Request for Spoliation Sanctions Could Get You Sanctioned

The author discusses how sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough according to author – baseless and abusive motions are punished.

Mentioned case law

Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY)

Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002)

The full text is available http://www.jdsupra…