Robertet Flavors, Inc. v. Tri-Form Construction, Inc.
(A-70/71-08) 8-3-10
Courts confronted with spoliation in commercial
construction litigation should consider the identity
of the spoliator; the manner in which the spoliation
occurred; the prejudice to the non-spoliator and
whether that party bears any responsibility for the
loss of spoliated evidence; and the alternate sources
of information available to the non-spoliator. Courts
should balance all of those considerations in crafting
an appropriate remedy consistent with fundamental
fairness.
