Manorcare Health Services, Inc. v. Osmose Wood Preserving, Inc.

How courts have described this case

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

• deeming relevant evidence inadmissible on grounds analogous to unfair surprise because one party blocked the other's access to that evidence during discovery
• “The spoliator’s level of intent, whether negligent or intentional, does not affect the spoliator’s liability. Rather, it is a factor to be considered when determining the appropriate remedy for the spoliation.” (cleaned up)
• suggesting lesser sanctions may be adequate to remedy surprise

Source: CourtListener parenthetical corpus (CC0).