The Duty to Preserve & the Spoliation Doctrine in the Maryland State Courts

My article, “The Duty to Preserve ESI (Its Trigger, Scope, and Limit) & the Spoliation Doctrine in Maryland State Courts” was recently published in the University of Baltimore Law Forum, Vol. 45 (2015).  The article discusses Maryland case law addressing the issue, suggests a modern analytical framework, and concludes with a cautionary note based on the Qualcomm v. Broadcom decisions of 2008:  “There are good reasons to approach sanctions decisions with great caution.  They often arise in an unclear context…, may negatively impact civility and have the potential to unfairly destroy careers.”

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