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Dismissal Of Contamination Suit Too Drastic A Sanction, New Jersey Panel Rules

Mealey's (November 4, 2016, 9:34 AM EDT) -- TRENTON, N.J. — A New Jersey judge’s decision to dismiss a suit over contamination at a property that formerly housed printing operations as a sanction for the plaintiff’s spoliation of evidence was too drastic, a state appeals panel ruled Oct. 31, holding that the lower court failed to consider the possibility of lesser sanctions, such as an adverse inference (18-01 Pollitt Drive LLC v. Harvey Engel, et al., No. A-4833-13T3, N.J. Super, App. Div.; 2016 N.J. Super. Unpub. LEXIS 2360).

(Opinion available.  Document #08-161111-008Z.)

A panel...
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