Discovery Disputes

Merit Decision: Court Declines to Expand Spoliation Tort. Elliott-Thomas v. Smith.

By Marianna Bettman on May 14, 2018

On May 8 2018, the Supreme Court of Ohio handed down a merit decision in Elliott-Thomas v. Smith, 2018-Ohio-1783. The court accepted the case on the following certified conflict question:

“Does the tort of intentional interference with or destruction of evidence include claims alleging interference with or concealment of evidence that disrupt a plaintiff’s…

What’s On Their Minds: Further Defining the Tort of Spoliation of Evidence. Kristin Elliott-Thomas v. David Kane Smith, et al.

By Marianna Bettman on February 2, 2018

Update: On May 8, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“…so why didn’t you file a motion to compel or some sort of activity to bring it to the court’s attention that they were not cooperating with discovery the way they should…?”

Chief…