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· 1/4/2012

Bull v. United Parcel Service, Inc.

Citations

  • 665 F.3d 68
  • 25 Am. Disabilities Cas. (BNA) 1204
  • 2012 WL 10932
  • 2012 U.S. App. LEXIS 54
  • 95 Empl. Prac. Dec. (CCH) 44,379

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 finding of bad faith is pivotal to a spoliation determination” because “[w]ithholding requires intent”
  • finding that spoliation occurs in “situations where a party has altered, destroyed, or failed to produce evidence relevant to an issue in a case.”
  • finding that the plaintiff had a reasonably foreseeable duty to preserve documents relevant to the case’s claims and defenses
  • stating that “the inevitable dimming of witnesses’ memories” is an example of prejudice under Poullis
  • stating that “a finding of bad faith is pivotal to a spoliation determination”
  • leaning in part on Brewer v. Quaker State Oil Refining Corp., 72 F.3d 326, 334 (3d Cir. 1995)

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Smith, Nygaard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.