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Spoliation: FL Appeals Rejects Common Law Duty To Preserve
 

Matt Conigliaro reports this decision as "a must-read for those interested in Florida law on spoliation. In the case, the Fourth District rejected an argument that two of its prior cases relied upon a common law duty to preserve evidence in mere anticipation of litigation." Importantly, this decision does not stop at the state court border ... pointing out that a federal court in Silhan v. Allstate Ins. Co., 236 F. Supp. 2d 1303, 1313 (N.D. Fla. 2002). also misinterpreted the FL appellate court's prior rulings on the preservation duty.

Comments ... Spoliation: FL Appeals Rejects Common Law Duty To Preserve

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