The Duty to Preserve & the Spoliation Doctrine in the Maryland State Courts

“Too Much Evidence” – Criminal Charges Dismissed
August 19, 2012
Decision of Court of Appeals of Maryland in Doe v. Alternative Medicine Maryland, LLC
September 16, 2017

My article, “The Duty to Preserve ESI (Its Trigger, Scope, and Limit) & the Spoliation Doctrine in Maryland State Courts” was recently published in the University of Baltimore Law Forum, Vol. 45 (2015).  The article discusses Maryland case law addressing the issue, suggests a modern analytical framework, and concludes with a cautionary note based on the Qualcomm v. Broadcom decisions of 2008:  “There are good reasons to approach sanctions decisions with great caution.  They often arise in an unclear context…, may negatively impact civility and have the potential to unfairly destroy careers.”