Spoliation of Evidence:  Fraud Case Dismissed

We successfully represented the Defendant, who is an attorney and accountant, in the litigation, at the trial, and on the appeal, in a fraud and breach of fiduciary duty case. A former business associate pursued years of litigation against our client, claiming that he mismanaged the company and committed fraud upon in his separation agreement.

We filed a motion prior to trial seeking the exclusion of certain evidence due to Plaintiff's destruction of computer records that were needed to defend our client. The Court not only excluded the evidence, but dismissed several of the legal claims. We then walked out of the trial with our client as it proceeded against other parties. The other side appealed, but we also won on appeal, affirming the legal principles regarding "spoliation" of evidence.