Legal Opinion

Smith v. Atkinson

Supreme Court of Alabama

Decided February 4, 2000No. 1980433PublishedCited by 39 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

The United States District Court for the Middle District of Alabama has certified to this Court the following questions, acting pursuant to Rule 18, Ala. R. App. P.: "(1) Does Alabama recognize a cause of action for the independent tort of spoliation of evidence against a third party? and (2) If so, what are the elements of that tort?"

I

The district court's order certifying its questions provides the following background information: On July 20, 1996, William…

Also in this document: Dissent.

2Cases cited28 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  3. Boyd v. Travelers InsuranceIllinois Supreme Court · 1995
  4. Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
  5. Temple Community Hospital v. Superior CourtCalifornia Supreme Court · 1999

23 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Hannah v. HeeterWest Virginia Supreme Court · 2003
  2. Rizzuto v. Davidson Ladders, Inc.Supreme Court of Connecticut · 2006
  3. Southland Bank v. a & a Drywall Supply Co.Supreme Court of Alabama · 2009
  4. Walker v. City of HuntsvilleSupreme Court of Alabama · 2010
  5. Fletcher v. Dorchester Mutual InsuranceMassachusetts Supreme Judicial Court · 2002

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API