Spoliation of Evidence in Texas: The Supreme Court Speaks

Court Affirms Taxation of Costs; Says Plaintiff Presents a “Bad Argument” (Wisconsin)

Dancing Around Facebook Spoliation

It's almost always a bad idea to tell clients to "clean up" their Facebook accounts.

John Browning , Law Technology News

August 29, 2014    | 0 Comments

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It is the sort of scenario bound to raise the blood pressure or bring the heartburn of any litigator. Your client’s Facebook page features statements or photos that undermine or even outright contradict her claims or defenses in the litigation. Other postings may not even be particularly relevant to the case, but they certainly don’t portray the client in a flattering light. But just how far can a lawyer go in advising clients about “cleaning up” their Facebook page or other online presence?

The uncertainties surrounding the answer to that question have left some attorneys stumbling in an ethical minefield. In one Virginia wrongful death case, Allied Concrete Co. v. Lester, 736 S.E.2d 699 (Va. 2013), the plaintiff’s attorney learned of photos on the surviving husband’s Facebook page that depicted him drinking, surrounded by women, and wearing a T-shirt that read “I [heart] hot moms”—hardly the portrait of a grieving widower! The attorney emailed his paralegal, instructing her to have the client “clean up” his Facebook page because “[w]e do not want any blow-ups of this stuff at trial.”

Read more: http://www.lawtechnologynews.com/id=1202667987147/Dancing-Around-Facebook-Spoliation#ixzz3CAGBZh5Z

Texas Supreme Court Issues New Framework for Spoliation Sanctions

Sixth Circuit Analyzes Standards for Sanctions for Failing to Prese

Court Aims to "Fill in the Gaps" of Texas Spoliation Law 7/23/20

Spoliation, Texas Style - Bow Tie Law Blog

The Texas Supreme Court has clarified the standards for spoliation (in Texas). The rule is that Texas has a two-step process: (1) the Trial Court must determine, as a question of law, whether a party spoliated evidence, and (2) if spoliation occurred, the Court must assess an appropriate remedy. Brookshire Bros., Ltd. v. Aldridge, 2014 Tex. LEXIS 562, 3-4 (Tex. July 3, 2014).

This Allemande Left and Do So Do requires a Trial Court to find that (1) the spoliating party had a duty to reasonably preserve evidence, and (2) the party intentionally or negligently breached that duty by failing to do so. Brookshire Bros., Ltd., at *3. This is to be done outside the presence of the jury, so the accused party is not swung around before the jurors, causing any prejudicial effect by the presentation of evidence that is unrelated to the facts underlying the lawsuit. Id. (and memories of 7th grade square dancing). 

The jury is to only hear evidence of spoliation that is related to the lawsuit. If there is spoliation, the then Trial Court can craft a proportionate remedy based upon the level of culpability of the spoliating party and the degree of prejudice, if any, suffered by the nonspoliating party. Brookshire Bros., Ltd., at *4.

http://bowtielaw.wordpress.com/2014/07/16/spoliation-texas-style/

Fun With SnapChat Spoliation and Preservation 10/8/2013byKroll Ontrack Inc.

Changing the Federal Rules: Commentary Opens, Advocacy Thrives

Judge Scheindlin Not Charmed When Revisiting Spoliation a Third Tim

Scheindlin Not Charmed When Revisiting Spoliation a Third Time

http://at.law.com/HMpBaW via @LawTechNews