Smith v. Howard Johnson Co.

The United States District Court, Southern District of Ohio, Eastern Division, pursuant to S.CtPrac.R. XVI, has certified the following questions to us:

“1. Does Ohio recognize a claim for intentional or negligent spoliation of evidence and/or tortious interference with prospective civil litigation?

“2. If so,

“a. What are the elements of such a claim; and

“b. Does such a claim exist between the parties to the primary action (i.e., the action in which the spoliated evidence would have been used), or does it only exist against third-party spoliators?

“3. If the answer to 2(b) is that such a claim…