In the case against Greenway Chemicals, discovery is nearly concluded. Jack's paralegal, Jim Cassidy, discovered an interesting e-mail from the company's president to the Chief Information Officer that refers to a report from the company's research department suggesting a possible link between the chemical at issue and leukemia. The e-mail is dated 5 days after Jack Parsons sent his settlement

Question

demand to Greenway. In the body of the e-mail, the president instructed the Chief Information Officer (CIO) to "bury the report." The referenced report has never turned up in discovery. In his deposition, the CIO admitted that he deleted and destroyed all copies of the report, but that he never read its contents. What potential sanctions can Jack ask the judge to impose on Greenway?

What will be an ideal response?

Answer 1

Because the destruction occurred after the company had a reasonable belief that litigation would arise, it was a willful destruction of documents, and it would be considered spoliation of evidence. The remedies will depend on the case law of the jurisdiction. The sanctions could include monetary penalties, or adverse rulings against the defendants. In this case, Jack could ask the judge to give the jury an adverse instruction that the jury can assume that the content of the report would have been adverse to the defense, had it been produced.