Robertet Flavors, Inc. v. Tri-Form Construction Inc.

How courts have described this case

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

• recognizing dismissal as the ultimate sanction to be ordered only when no lesser sanction will suffice to erase the prejudice
• recognizing dismissal as the ultimate sanction to be ordered only when no lesser sanction will suffice to erase the prejudice
• explaining that “the prejudice to the non- spoliating party” is a function of, among other things, “the alternate sources of information that are, or are likely to be, available to the non-spoliator”
• evaluating sanctions, including dismissal, appropriate to remedy acts of spoliation of evidence
• “Courts evaluating prejudice should also recognize that the non-spoliating party may bear some of the responsibility for the loss of the evidence.”
• “[T]he focus in selecting the proper sanction is evening the playing field . . . .” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).