The US District Court for the Western District of North Carolina recently held that even text messages are subject to the duty to preserve electronically stored information (ESI). In Shaffer v. Gaither, the plaintiff asserted claims against her former boss – a US District Attorney – for constructive dismissal based on sexual harassment and
Louisiana Rejects Negligent Spoliation of Evidence as a Tort Claim
The Louisiana Supreme Court recently determined that there is no tort liability for negligent spoliation of evidence. “Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty to preserve evidence. Thus, there is no tort.” Reynolds v. Bordelon, No. 2014-2362, —
Spoliation of Evidence in Louisiana
Spoliation of evidence is the evidentiary doctrine that refers to destruction or significant alteration of evidence, or the failure to preserve evidence, for another’s use as evidence in pending or future litigation. While there can be a statutory duty, a contract, a special relationship between the parties, or an affirmative agreement or undertaking to preserve