Scott v. Garfield’s Empirical Analysis

Citation profile

2 district · 19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “negligently or intentionally loses or destroys evidence that the [party] ... knows or reasonably should know might be relevant to a possible action.”

   2 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 577 - Santiago v. Rich Products Corporation · 92 Mass. App. Ct. 1129 - Katin v. Stop & Shop Co.

2. “The spectrum of remedies includes allowing the party who has been aggrieved by the spoliation to present evidence about the preaccident condition of the lost evidence and the circumstances surrounding the spoliation ....”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 577 - Santiago v. Rich Products Corporation

3. “that a reasonable person in the spoliator's position would realize, at the time of spoliation, the possible importance of the evidence to the resolution of the potential dispute.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 577 - Santiago v. Rich Products Corporation