As Time Rolls On So Do Spoliation Claims
It can sometimes be an overused threat, or a hollow charge thrown around by overzealous defense counsel, but even frivolous spoliation claims can cause headaches. In some respects that has always been the case, and in others, it is a new landscape for plaintiffs to navigate. What has always been true is that the potential for spoliation of evidence is relevant from the day a matter is assigned all the way through resolution.
In their article in the Fall/Winter 2021 edition of NASP’s Subrogator magazine, Gus Sara and Lian Skaf address the evolution of spoliation by focusing on investigating, litigating and resolving subrogation claims.