State Spoliation Claims in Federal District Courts
نویسندگان
چکیده
The increasing amounts of electronically stored information (esi) relevant to civil litigation, and the ease their loss, caused federal lawmakers explicitly address possible consequences certain presuit or postsuit esi losses. These acted in both 2006 2015 through Federal Civil Procedure (FRCP) 37(e). But they only on esi. Their actions have prompted attention significant risks losses all esi, nonesi, otherwise discoverable actions. In addition, spurred availability substantive law claims involving spoliation future pending Such compliment procedure laws discovery sanctions for Federal court jurisdiction over state related litigation was expressly invited by judicial rulemakers when amending FRCP 37(e) 2015. Prior since, courts recognized either nonesi As typically involve no question, pursuit may be barred lack of, a failure exercise, subject matter jurisdiction. also stymied other barriers, including personal jurisdiction, an inability effect joinder, collateral estoppel. This article explores district power hear within ongoing litigation. It whether jurisdictional norms should vary between spoliation. well, examines comparably available against those who are not parties actions, like insurers attorneys. Finally, it reviews estoppel, choice issues arising claims.
منابع مشابه
Sealed Cases in Federal Courts
This Federal Judicial Center publication was undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development for the improvement of judicial administration. The views expressed are those of the authors and not necessarily those of the Federal Judicial Center.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3831523