LINKING THE CULPABILITY AND CIRCUMSTANTIAL EVIDENCE REQUIREMENTS FOR THE SPOLIATION INFERENCE.

The article discusses the set of principles that draws refined understanding to the relationship between culpability and circumstantial evidence requirements in the U.S. The issue surrounds the prevalence of spoliation in civil litigation in the district court based on the case of Vodusek v. Bayliner Marine Corp. In this regard, the culpability requirement and the circumstantial evidence requirement should be met to serve the same fundamental purpose of restoring adversarial balance.