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SOURCE Porter, Wright, Morris & Arthur
Book discusses sanctions and remedies for destruction of evidence in civil litigation
CLEVELAND, Oct. 18, 2013 /PRNewswire/ -- Margaret M. Koesel and Tracey L. Turnbull, partners in the Cleveland office of Porter Wright Morris & Arthur LLP, have co-authored the third edition of their book, Spoliation of Evidence, published by the American Bar Association (ABA) in August 2013.
"We are pleased to offer a ready resource to help resolve problems in litigation involved with the destruction of evidence, or spoliation of evidence, that may add expense, potential tort liability or sanctions that may be outcome determinative," said Koesel.
Turnbull agrees; "Whether you are counseling clients in avoiding litigation or are representing parties in the litigation process, issues involving the destruction of evidence inevitably arise. Our book offers guidance through critical matters, including the negative publicity some cases generate when there is evidence that may have been destroyed."
The refreshed edition serves as a guide for the litigator faced with the loss of evidence in a civil suit in a state or federal court. Topics covered in the book include record-keeping obligations, the duty to preserve evidence, independent causes of action for the destruction of evidence, available sanctions and other remedies for spoliation, criminal sanctions for spoliation and developing spoliation law in state and federal courts.
About the authors
Koesel and Turnbull have worked on and written about spoliation issues for 17 years. Koesel joined the firm shortly after receiving a J.D. from Cleveland-Marshall College of Law, magna cum laude, and has more than 20 years' experience defending companies in employment discrimination and wrongful discharge litigation. She also represents clients in ERISA pension and welfare benefit disputes, trade secret and non-compete disputes, and serves as a mediator and arbitrator for employment and ERISA cases. Koesel is a Certified Labor & Employment Specialist by the Ohio State Bar Association.
Turnbull represents corporations and individuals in cases involving contracts, covenants not to compete, trade secret, intellectual property and product liability claims. She has represented clients in employment litigation cases alleging discrimination, harassment, retaliation and FMLA violations, and she has significant experience litigating and resolving complex discovery issues, having successfully tried commercial disputes and employment cases before juries in both state and federal courts.
The book is now available for purchase through the ABA's website.
About Porter Wright
Porter Wright Morris & Arthur LLP is a large law firm that traces its roots to 1846 in Ohio. With offices in Cincinnati, Cleveland, Columbus and Dayton, Ohio; Washington, D.C.; and Naples, Florida, Porter Wright provides counsel to a worldwide base of clients. www.porterwright.com
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