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<b><i>Legal Tech</b></i> Could Federal Courts' Inherent Powers Upend the New Amendments to Rule 37(e)?

By Robert Tucker

Just as the college football playoffs were supposed to resolve disputes on the proper way to crown a national champion, the recent amendments to the Federal Rules of Civil Procedure that took effect on Dec. 1, 2015 completely overhauled the sanctions portion of Rule 37, and were designed to resolve conflicts on the standards to apply in ordering spoliation sanctions. But just as the college football national championship debate seems far from settled (just ask Baylor and TCU fans last year, or Ohio State, Stanford, or Notre Dame fans this year), one recent decision indicates that neither may be the debate on the standards a federal court can employ in ruling on a spoliation motion.

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