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)
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