Yes, I Destroyed the Evidence – Sue Me? Intentional Spoliation of Evidence in Illinois
23 Pages Posted: 18 Jan 2010 Last revised: 6 Sep 2013
Date Written: April 5, 2011
This Article examines the availability of intentional spoliation as an independent cause of action under Illinois law. The topic is timely in light of the on-going debate and uncertainly surrounding spoliation of evidence law. Given the importance and timeliness of this topic, this Article is aimed not only at legal academics, but also at judges, legislators, and practitioners.
This Article is among the first to focus on intentional spoliation in Illinois. In short, it argues that the Illinois Supreme Court should recognize intentional spoliation as an independent tort. After providing background about spoliation generally, and the watershed case of Boyd v. Travelers Insurance Company, the Article details the policy interests at stake and sets forth a strong case for permitting a tort for intentional spoliation.
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