Don’t spoliate the Subway Footlong
By David Scheidemantle
Don’t spoliate the Subway Footlong

“Our client was sued in a small midwestern town where the plaintiff was the largest employer, with one judge in town for the last 25 years.  Subway was the only fine-dining option available.  The plaintiff manufactured housing components with our client’s materials.  The plaintiff was the nation’s largest manufacturer of these housing components.  They were failing nationwide at a rate of 250 a week, resulting in $30 million claimed damaged, increasing daily.   We moved to dismiss because the plaintiff had not collected the components from homeowners throughout the country: spoliation of evidence.  We won, and the case went away, for nothing.  And we recovered every last dime of defense costs from two insurance carriers in the hard-fought coverage litigation that followed.”

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