Spoliation

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…

Oral Argument Preview: Further Defining the Tort of Spoliation of Evidence. Kristin Elliott-Thomas v. David Kane Smith, et al.

By Marianna Bettman on January 12, 2018

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

Read an analysis of the oral argument here.

On January 25, 2018, the Supreme Court of Ohio will hear oral argument in Kristen Elliott-Thomas v. David Kane Smith, et. al. 2017-0693. The issue…