Section Newsletters

Articles on Spoliation of Evidence

No duty to preserve evidence in negligent spoliation case By Hon. Russell W. Hartigan & Christina Faklis Civil Practice and Procedure, January 2013 A discussion of the Illinois Supreme Court’s reasoning and impact of the recent case of Martin v. Keeley & Sons, Inc., where the Court held that the defendants had no duty to preserve the physical evidence, a concrete I-beam that fell and injured several employees during a bridge collapse.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Traffic Laws and Courts, December 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
An update on the duty to preserve evidence in negligent spoliation cases after Martin v. Keeley & Sons, Inc. By Stacey Lynch Insurance Law, December 2012 On October 18, 2012, the Illinois Supreme Court issued its opinion in Martin v. Keeley & Sons, Inc.,  addressing negligent spoliation and the duty to preserve evidence.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Criminal Justice, August 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
1 comment (Most recent August 18, 2012)
Sanctions and spoliation By Hon. Barbara Crowder Civil Practice and Procedure, August 2011 Knowing the potential and most frequently used sanctions may assist counsel in evaluating what steps to take when faced with the loss or destruction of evidence. 
Spoliation of evidence and its impact on family law By Paulette Gray Family Law, April 2006 Why would a family law practitioner care about spoliation of evidence? Do we even know what spoliation of evidence means?
Spoliation of electronic evidence: This way be dragons! By Sharon D. Nelson & John W. Simek Tort Law, December 2005 Ancient mariners navigated by maps that sometimes depicted dragons in uncharted waters, occasionally even bearing the legend: “This way be dragons.”
Spoliation after Dardeen … back to Boyd By Albert E. Durkin & Tressa A. Pankovits Tort Law, March 2005 The existence or nonexistence of a duty imposed upon parties to preserve evidence pertinent to civil actions has been hotly debated in the Illinois courts for more than a century.
Negligent spoliation of evidence By Gina M. Arquilla Young Lawyers Division, December 2003 Under Illinois law, the supreme court has declined to recognize a separate cause of action for spoliation of evidence.

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