Smith v. Atkinson
Supreme Court of Alabama
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
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Boyd v. Travelers InsuranceIllinois Supreme Court · 1995
- 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
- Temple Community Hospital v. Superior CourtCalifornia Supreme Court · 1999
23 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hannah v. HeeterWest Virginia Supreme Court · 2003
- Rizzuto v. Davidson Ladders, Inc.Supreme Court of Connecticut · 2006
- Southland Bank v. a & a Drywall Supply Co.Supreme Court of Alabama · 2009
- Walker v. City of HuntsvilleSupreme Court of Alabama · 2010
- Fletcher v. Dorchester Mutual InsuranceMassachusetts Supreme Judicial Court · 2002
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