J.S. Sweet Company, Incorporated v. Sika Chemical Corporation, Also Known as Sika Corporation

FLAUM, Chief Judge.

J.S. Sweet Company, Inc. (“J.S. Sweet”) brought this diversity suit against Sika Chemical Corp. (“Sika”), alleging that defendant committed the tort of spoliation of evidence by failing to preserve materials relevant to a lawsuit between J.S. Sweet and one of its customers. Plaintiff also sued for breach of contract. The district court granted summary judgment on both counts, and Sweet appealed. We hold that Sika had no duty to preserve the evidence in question, that its loss of the evidence did not, as a matter of law, harm J.S. Sweet, and that Sika did not breach its…