Brenner v. Kolk

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party has a duty to preserve evidence material to litigation that is pending or reasonably foreseeable
• stating that trial courts should carefully fashion a sanction that denies the party the fruits of their misconduct
• stating that dismissal should be used as a sanction only for the most egregious misconduct
• stating that trial courts should carefully fashion a sanction that denies the party the fruits of their misconduct
• stating that trial courts have the inherent authority to sanction misconduct by the litigants even when “there is no statute or court rule addressing the particular form of misconduct”
• stating that giving SJI 6.01(c) at defendant’s request would be “questionable” where the evidence in question was defendant’s own car, which plaintiff kept stored for several months after an accident, with defendant’s knowledge

Source: CourtListener parenthetical corpus (CC0).