· 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 CourtListenerSourced 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.