Typically, we think about spoliation and its utility at trial — specifically, the impact of an adverse inference instruction. The issue in Hamilton v. Mount Sinai Hospital, 2007 U.S. Dist. LEXIS 85593 (S.D.N.Y. Nov. 21, 2007), was the impact of the spoliation inference at summary judgment. Magistrate Judge Gabriel W. Gorenstein summarized Second Circuit l ...
Typically, we think about spoliation and its utility at trial — specifically, the impact of an adverse inference instruction. The issue in Hamilton v. Mount Sinai Hospital, 2007 U.S. Dist. LEXIS 85593 (S.D.N.Y. Nov. 21, 2007), was the impact of…