No Spoliation Unless Person Was on Notice That Evidence Was Potentially Relevant to Litigation Before It Was Destroyed
Salas v. Independent Elec. Contractors Inc., 2015 U.S. App. LEXIS 7957 (9th Cir. May 14, 2015):
7. The district court's finding of no spoliation is not clearly erroneous. Salas made no showing that IES or IEC destroyed [*4] evidence, much less that they engaged in such destruction because the evidence was potentially relevant to the litigation. See United States v. Kitsap Physicians Serv., 314 F.3d 995, 1001 (9th Cir. 2002) ("Defendants engage in spoliation of documents as a matter of law only if they had 'some notice that the documents were potentially relevant' to the litigation before they were destroyed." (quoting Akiona v. United States, 938 F.2d 158, 161 (9th Cir. 1991)).
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