Spoliation

Spoliation refers to the destruction, alteration, concealment, or failure to preserve evidence that is relevant to anticipated or pending litigation. In mass tort cases, plaintiffs' attorneys frequently allege spoliation against defendant manufacturers or distributors who failed to retain internal communications, safety studies, or product testing records once litigation was reasonably foreseeable. A finding of spoliation can result in adverse inference jury instructions, sanctions, or other remedies that significantly affect case strategy and settlement leverage across an entire docket.