Finally, Clarity On Spoliation Under Texas Law

Law360, New York ( July 11, 2014, 10:08 AM EDT) -- After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions regarding "spoliation" of evidence the withholding, alteration, or destruction of evidence relevant to a legal proceeding. Allegations of spoliation have increased as litigating parties and courts increasingly deal with massive electronic data requests during the course of discovery. A spoliation jury instruction typically informs the jury that it may consider that missing evidence was unfavorable to the spoliating party, an act that can often tilt the case if not harm the spoliating party in favor of the opposing party, regardless of whether or not there was an intent to destroy evidence. In Brookshire Brothers Ltd. v. Aldridge, No. 10-0846, __ S. W. 3d ___ (2014), the court addressed this issue by holding that:. . .

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