In a federal diversity action, is spoliation an issue of state or federal law? That is an ambiguous question because ‛spoliation“ has multiple meanings. If there is a recognized state cause of action for spoliation, that type of spoliation is clearly substantive and the claim will be recognized in federal court. What about spoliation as a sanction? Given the ...
In a federal diversity action, is spoliation an issue of state or federal law? That is an ambiguous question because ‛spoliation“ has multiple meanings. If there is a recognized state cause of action for spoliation, that type of spoliation is…