Successful Spoliation Motions are Rarer Than You May Think

AGG Partner Henry R. Chalmers wrote the cover article in the Fall 2011 issue of the American Bar Association’s Litigation News. The article, titled “Successful Spoliation Motions Are Rarer Than You May Think,” discusses a recent Federal Judicial Center study that delves into motions for sanctions based on alleged spoliation. The study finds that motions for sanctions based on spoliation are relatively rare, surfacing in fewer than one-fifth of 1 percent of the cases studied.

Successful Spoliation motions are rarer than you may think, and more often than not they involve paper documents and tangible objects, rather than electronically stored information (ESI). These are only two of the many interesting findings from a recent Federal Judicial Center study into motions for sanctions based on alleged spoliation. The findings likely will be analyzed by judges and litigators currently considering possible amendments to the Federal Rules governing preservation of ESI as well as those prescribing sanctions for spoliation.

Click the link below to read the full article.