Thursday, May 10, 2018
Ohio recognizes an independent tort of intentional, but not negligent, spoliation of evidence. The Supreme Court has further restricted the tort:
In Elliott-Thomas v. Smith, Slip Opinion No. 2018-Ohio-1783, the Supreme Court narrowed the scope of intentional spoliation claims by adding the requirement of actual proof of destruction or alteration of evidence. Further, the Supreme Court held that claims for intentional concealment of, or intentional interference with, evidence are excluded from intentional spoliation claims.
JDSupra has details.