ARTICLE · 23 MARCH 2023

Spoliation Of Evidence In Texas — 2019 Update

Cowles & Thompson, PC

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One of the most active areas of litigation in recent years is the spoliation of evidence.

United StatesLitigation, Mediation & Arbitration

Julia F. Pendery

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One of the most active areas of litigation in recent years is the spoliation of evidence. Although the Supreme Court of Texas' opinion in Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014) defined both the type of spoliation that may be sanctioned and the type of sanctions available, litigation continues to be abundant. There are many state Courts of Appeals' opinions and a few Texas Supreme Court opinions. Since federal trial judges issue written opinions, there are several that offer guidance on the specific types of evidentiary destruction and the appropriateness of sanctions imposed. A state trial court judge may consider such cases persuasive if the facts are very similar.

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