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Spoliator

   Also found in: Legal, Encyclopedia 0.01 sec.
spo·li·a·tion  (spl-shn)
n.
1. The act of despoiling or plundering.
2. Seizure of neutral vessels at sea by a belligerent power in time of war.
3. Law Intentional alteration or destruction of a document.
[Middle English spoliacioun, from Anglo-Norman, from Latin spoliti, spolitin-, from spolitus, past participle of spolire, to despoil; see spoil.]
spoli·ator n.
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Sanctions can range from the award of fees and expenses to the adverse party, to exclusion of arguments or evidence, to adverse jury instructions, to outright dismissal of the suit or entry of default judgment against the spoliator.
Where duty rules: cases reveal courts taking a harder line against ... by Suuberg, Margaret Reardon; Puccio, Frank S., Jr. / Risk & Insurance
The most popular test requires that the spoliator (1) have a duty to preserve, (2) have a culpable state of mind, and (3) that the destroyed evidence was relevant to the opponent's claims or defenses.
Electronic discovery: 2006 amendments to the Federal Rules of Civil ... by Vargas, Damian / Rutgers Computer & Technology Law Journal
Notwithstanding the apparent broad application that an independent cause of action would encompass, the Court opined that where the Plaintiff can establish that the spoliator had a legal or contractual duty to refrain from spoliation, tort liability can arise.
The CSI effect: forensic evidence and construction law by Schmeltz, Leigh Erin / Real Estate Weekly
 
 
 
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