Gagne v. D.E. Jonsen, Inc.

How courts have described this case

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

• holding that leave to amend the pleadings to include a tort of spoliation of the evidence would have been futile because the Law Court has never recognized that tort.
• concluding that a party’s proposed addition of a spoliation claim to the complaint would be futile, in part, because it did “not allege all of the elements of such a claim as it is recognized in other jurisdictions”
• discussing that the court resolves claims based on the alleged spoliation of evidence through evidentiary sanctions
• discussing that the court resolves claims based on the alleged spoliation of evidence through evidentiary sanctions
• stating that the remedy for spoliation of evidence is sanctions upon the offending party
• “The remedy for spoliation of evidence is sanctions, including ‘dismissal of the case, the exclusion of evidence, or a jury instruction on the spoliation inference.” (quoting Driggin v. Am. Sec. Alarm Co., 141 F, Supp. 2d 113, 120 (D. Me. 2000))

Source: CourtListener parenthetical corpus (CC0).