As noted in our post of July 18, 2007, there is a split in the decisions as to whether, in a diversity case in federal court, state or federal law governs punishment for spoliation (specifically, spoliation as a procedural dereliction; obviously, state law governs to the extent that state law recognizes an independent cause of action sounding in tort for spoliation) ...
As noted in our post of July 18, 2007, there is a split in the decisions as to whether, in a diversity case in federal court, state or federal law governs punishment for spoliation (specifically, spoliation as a procedural dereliction;…