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At the 17th Annual Railroad Libility Seminar held in Indianapolis on June 23 - 25, 2010, Attorney John C. Duffy of Stuart & Branigin, LLP, gave a presentation on current developments regarding spoliation.

Spoliation - The intentional destruction of evidence and when it is established, fact finder may draw inference that evidence destroyed was unfavorable to party responsible for its spoliation.  State vs. Langlet, Iowa, 283 N. W. 2d 330, 333.  Such act constitutes an obstruction of justice.  The destruction, or the significant and meaningful alteration of a document or instrument.  Application of Bodkin, D.C.N.Y., 165 F. Supp. 25, 30.  -  Black's Law Dictionary.

Following is a copy of the checklist handed out by Mr. Duffey at the seminar.  Please share this with your personnel to make sure that your company does not suffer due to spoliation.