The United States District Court for the District of the Virgin Islands held in Mendez v. Hovenza, LLC, 2008 U.S. Dist. LEXIS 25127 (D. V.I. March 24, 2008), that: (1) “Because the common law, as generally understood and applied in the United States, does not provide for a tort of negligent spoliation against a first-party defendant, the Court predicts that the Supreme Court of the Virgin Islands would not recognize such a tort” but (2) the Virgin Islands “Supreme Court would either find that a cause of action for intentional destruction of evidence is cognizable under a traditional common law theory, such as fraudulent concealment, as did the New Jersey Supreme Court, or find a new tort of intentional spoliation of evidence grounded in the Restatement (Second) of Torts, as did the New Mexico Supreme Court.”