Misconceptions About the Consequences of Destroying (or Even Losing) Evidence

From the apparently cavalier attitude, by virtue of their utter lack of response, to Apple's claim that they have deliberately destroyed evidence that is critical to Apple's claims for copyright infringement, unfair competition and breach of contract, Psystar seems to believe, or at least would like to give the impression, that Apple's assertion is inconsequential. Here's why they may be wrong - very wrong.

• Misconception #1 - If I Destroy Evidence That The Other Side Needs For Their Case, It's Their Problem, Not Mine - This notion is patently false. As noted in "The Penalties For Destroying or Losing Critical Evidence," the Court is obliged to assure that your loss of the evidence does not unfairly prejudice the other side's ability to prosecute its claim or defense.
  
• Misconception #2 - If I Merely Lost the Evidence, Rather Than Deliberately Destroyed It, The Court Will Not Sanction Me - Though this used to be the rule in New York, it hasn't been true for over 10 years. Since 1997, New York's courts have increasingly held that where the critical piece of evidence has been retained by a party - even just in anticipation of litigation, and that piece of evidence is negligently lost or destroyed, the responsible party's claims or defenses may be dismissed.

In short, don't be fooled into thinking that the loss of evidence is without consequences.

Long Island, New York trial lawyer Jonathan Cooper represents small businesses and individuals in breach of contract, breach of fiduciary duty, commercial litigation, personal injury and defective products cases in Nassau, Queens, Brooklyn, Bronx, New York City, Suffolk and Westchester. In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.