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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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Party Who Kept Copy Cannot Prevail on Spoliation Claim Against Opponent Who Destroyed Original

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From Bell v. Rotwein, 535 F.Supp.2d 137 (D.D.C. 2008):

Defendant finally alleges that plaintiff has failed to state a claim for either spoliation or conversion.... Both of these claims are rooted in plaintiff's allegation that defendant took possession of and destroyed the original assignment document. Both claims fail because plaintiff has a photocopy of the document that may be admissible in litigation. See Fed. R. Evid. 1004. Spoliation requires a showing that the loss or destruction of the document significantly impairs the plaintiff's ability to prove his claim. See Holmes v. Amerex Rent-A-Car, 336 U.S. App. D.C. 359, 180 F.3d 294, 297 (D.C. Cir. 1999). Because plaintiff has a photocopy, he cannot make this showing. Nor can he make out a claim for conversion because he retains a copy of the document and therefore has "not [been] deprived of the beneficial use of the information." Furash & Co., Inc. v. McClave, 130 F. Supp. 2d 48, 58 (D.D.C. 2001) (citing Pearson v. Dodd, 133 U.S. App. D.C. 279, 410 F.2d 701, 706 (D.C. Cir. 1969)). Defendant's motion to dismiss will therefore be granted as to the spoliation and conversion claims.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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