Spoliation — Not a Game of Gotcha

From Calipine Corp. v. AP&M Field Servs., Inc., 2008 U.S. Dist. LEXIS 99178 (S.D.N.Y. Dec. 9, 2008):

The spoliation doctrine exists to prevent one side from denying such an opportunity to the other by destroying or altering material evidence. It does not, however, permit a party to avoid the contest by defaulting the other side through playing a game of "gotcha" instead of seeking to develop its own case in a timely and appropriate manner.

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