A Modest Proposal: Discard Spoliation Sanctions.

The article offers information on spolitation sanctions, wherein the defendant asserts from the start its possible entitlement to the maximum sanction of dismissal even without proof of the intentional or negligent hiding, withholding, alteration, or destruction of evidence pertinent to the proceeding. The author discusses the cases of Pension Committee of the University of Montreal Pension Plan v. Bank of America and Rimkus Consulting Group, Inc. v Cammarata.