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· 6/11/2002

Sterbenz v. Attina

Citations

  • 205 F. Supp. 2d 65
  • 54 Fed. R. Serv. 3d 348
  • 2002 U.S. Dist. LEXIS 10374
  • 2002 WL 1286575

How courts have described this case

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

  • holding there is no federal cause of action for spoliation
  • stating that the court is “unaware of any decision in which a court” exercised its inherent authority to impose sanctions for spoliation where “the failure to preserve evidence . . . allegedly impeded an action other than the one in which sanctions are being sought”
  • “[A] party that has acted in compliance with the rights expressly provided in the governing contract cannot be held liable for breaching an implied covenant of good faith”
  • “[A] party that has acted in compliance with the rights expressly provided in the governing contract cannot be held liable for breaching an implied covenant of good faith”
  • “[N]early every lower state court in New York to examine the issue, as well as decisions of federal courts construing New York law, have ‘follow[ed] the majority view and do not recognize spoliation of evidence as a cognizable tort action.’” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Mann

Read full opinion on CourtListener

Sourced 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.