Miller v. Montgomery County

How courts have described this case

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

• declining to recognize a cause of action for first-party spoliation of evidence
• “[T]he remedy for the alleged spoliation would be appropriate jury instructions as to permissible inferences, not a separate and collateral action.”
• “[0]ne would ordinarily not destroy evidence favorable to himself [or herself].”
• \[O]ne would ordinarily not destroy evidence favorable to himself [or herself].\
• refusing to recognize tort prior to resolution of underlying claim
• “Unexplained and intentional destruction of evidence by a litigant gives rise to an inference that the evidence would have been unfavorable to his [or her] cause, but it would not in itself amount to substantive proof of a fact essential to his [or her] opponent’s cause.”

Source: CourtListener parenthetical corpus (CC0).