Spoliation of Evidence - Sanctions and Remedies for Destruction of Evidence in Civil Litigation, Third Edition

This book resolves problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Additionally, negative publicity about the professional and personal reputation of counsel and parties can occur. All litigators will face issues involving the destruction of evidence.

About the author

Margaret M. Koesel is a
partner with Porter Wright Morris & Arthur LLP in Cleveland, Ohio. For more
than 20 years, Ms. Koesel has practiced in the areas of employment, business,
and commercial litigation, devoting a substantial portion of her practice to
counseling and defending companies in employment discrimination and wrongful
discharge litigation, and representing clients in pension and welfare benefit disputes,
as well as, in trade secret and non-compete disputes. She has significant trial
experience and has argued appeals in the Sixth Circuit Court of Appeals,
various Ohio courts of appeals, and the Supreme Court of Ohio.

 

Ms. Koesel also has
substantial experience as a neutral mediating and arbitrating employment and
ERISA cases. She serves on the panel of employment mediators and arbitrators
for the American Arbitration Association and under private and court-annexed
dispute resolution procedures.

 

Ms. Koesel is an adjunct
professor at Cleveland-Marshall College of Law, where she teaches Ohio Civil
Procedure. She also has lectured on appellate advocacy at Case Western Reserve
University Law School.

 

Ms. Koesel graduated
from Baldwin-Wallace College with a degree in business administration. She
received her law degree from Cleveland Marshall College of Law (magna cum laude), where she served as
an editor on the law review. Before she entered private practice, Ms. Koesel
served as a law clerk for the Honorable Ann McManamon of the Eighth Appellate
District of the Ohio Court of Appeals in Cuyahoga County.

 

Ms. Koesel is a member
of the American Bar Association, the Ohio Bar Association, the Cleveland
Metropolitan Bar Association, the Ohio Women’s Bar Association, and the Defense
Research Institute. She has published numerous articles on mediation,
employment, and spoliation related topics and is a frequent speaker on
employment law and destruction of evidence issues.

Tracey Turnbull is a
partner in the Cleveland, Ohio, office of Porter Wright Morris & Arthur
LLP. She focuses her practice on commercial and employment litigation matters.
She has represented corporations and individuals in cases involving contracts,
covenants not to compete, trade secret, intellectual property, and product
liability claims. In the area of employment litigation, she has represented
clients in cases alleging discrimination, harassment, retaliation, and FMLA
violations. Ms. Turnbull has significant experience litigating and resolving
complex discovery issues and has successfully tried commercial disputes and
employment cases before juries in both state and federal courts.

 

Ms. Turnbull received
her undergraduate degree from Hamilton College with honors and received her law
degree cum laude from
Case Western Reserve University School of Law, where she served as an editor on
the Case Western Reserve Law Review.

 

Ms. Turnbull is a member
of the American Bar Association, the Defense Research Institute, and the
Cleveland Metropolitan Bar Association. She has co-authored a number of
publications on spoliation of evidence, and is a
frequent lecturer on destruction of evidence, document retention, and
electronic evidence issues.

Mr. Gourash is a partner
practicing in the Cleveland, Ohio, office of Porter Wright Morris & Arthur,
LLP. He has a national practice in the area of complex civil litigation
involving a wide variety of legal issues. He has broad experience at all levels
of trial and appeal representing insurance carriers in coverage disputes. Mr.
Gourash also has substantial trial and appeal experience defending
manufacturers, distributors, and service providers in both land-based and
maritime products liability actions involving claims for personal injury,
wrongful death, and property damage. He has represented manufacturers and trade
associations in a variety of mass tort matters. His experience further includes
substantial involvement in the litigation of construction defect, ERISA,
environmental, commercial, and securities fraud actions.

 

Mr. Gourash is admitted
to practice in Ohio, the U.S. District Courts for the Northern District of Ohio
and the Eastern District of Michigan, the U.S. Court of Appeals for the Fourth
and Sixth Circuits, and the U.S. Supreme Court. He also
has appeared pro hac vice in numerous state and federal courts across the
country. He further has broad experience in a variety of alternative dispute
resolution contexts, including arbitration under the rules of the American
Arbitration Association and the National Association of Securities Dealers, and
mediation and arbitration under private and court-annexed procedures.

 

Mr. Gourash graduated
from the University of New Haven (B.A., summa cum laude, 1980) and received his
law degree from Duke University School of Law (J.D. 1983). He has substantial
involvement in the organized bar, having held numerous positions of
responsibility in the American Bar Association, including serving as the chair
of the Young Lawyers Division, serving several terms in the House of Delegates,
and serving on a variety of special and standing committees within the Judicial
Division Lawyers Conference and the Torts and Insurance Practice Section. He
currently is serving as chair of the Lawyers Conference, is immediate past
chair of the TIPS Publications Editorial Board and is a member of TIPS Council.
Mr. Gourash is a fellow of the American Bar Foundation and served on its Board
of Governors for a five-year term.

Product details

• Authors: Margaret M Koesel, Margaret M. Koesel, Tracey L Turnbull, Tracey L. Turnbull
• Assisted by: Daniel F Gourash (Editor), Daniel F. Gourash (Editor)
• Publisher: American Bar Association
• Languages: English
• Product format: Paperback / Softback
• Released: 07.09.2014
• EAN: 9781627222266
• ISBN: 978-1-62722-226-6
• No. of pages: 467
• Dimensions: 152 mm x 226 mm x 28 mm
• Weight: 658 g
• Subjects: Non-fiction book > Dictionaries, reference works > Dictionaries, encyclopaedias; Social sciences, law, business > Law > Civil law, civil procedural law