The Note that follows will explore the different variations of independent torts for spoliation as well as various policy arguments used by supporters and critics of the torts. Specifically, Section II of this Note will explore the history behind the recognition of independent torts for spoliation. Section III will explain the traditional remedies courts have used to combat spoliation of evidence, and Section IV will detail the various forms of the spoliation tort. Section V of this paper will examine various policy arguments employed by supporters and detractors of the torts. Section VI will examine Ohio’s treatment of the various forms of the spoliation torts. Lastly, Section VII will analyze the merits of the various policy arguments as they apply to the different types of the spoliation tort. In addition, it will seek to show why Ohio should not recognize spoliation torts in any of their manifestations.
Note, Sanctions or Tort? A Review of Ohio's Treatment of Independent Causes of Action for Spoliation of Evidence, 62 Clev. St. L. Rev. 501 (2014)