Spoliation And The Evolution Of Case Law

In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly, the parameters set in Seattle Tunnel Partners differ from those in the federal courts and other states courts. This serves as a reminder that courts have different perspectives on what constitutes spoliation of evidence and when sanctions are appropriate. Because these perspectives shift over time, attorneys, litigants, and eDiscovery practitioners must be mindful of different jurisdictions' definitions of spoliation and their standards for when, and what types of sanctions, if any, may be applied.