Category Archives: Tennessee

Tennessee’s Supreme Court Holds That Intentional Misconduct is not a Necessary Prerequisite for Spoliation Sanctions


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By: Edward A. Jaeger, Jr. and Michael J. Wolfer

In Tatham v. Bridgestone Americas Holding, Inc., 473 S.W.3d 734 (Tenn. 2015), the Tennessee Supreme Court addressed whether intentional misconduct is a prerequisite to imposing sanctions for spoliation of evidence. The Supreme Court held that a finding of intentional misconduct is not a necessary prerequisite to imposing sanctions. Its presence, however, is a relevant factor in the totality of the circumstances to consider when determining whether to impose sanctions.

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