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Physical Spoliation of Evidence: When It Doesn't Matter

By Elliott B. Oppenheim
November 01, 2003

Physical unavailability of evidence can influence litigation, but for various reasons, the courts will not always draw an adverse inference against the party that has lost or destroyed such evidence. One of these reasons is simple relevance. A case in point is Kanyi v. United States, 2001 U.S. Dist LEXIS 19814, in which the plaintiff appealed a Magistrate Judge's order denying a motion for an adverse inference charge against defendants. The court found that even though defendants had destroyed evidence, their actions were at most merely negligent, and besides, the evidence in question was immaterial to the case.

Kanyi v. United States

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