ANALYSIS: Retrial on Spoliation in Antitrust Case Is a Rare Test

Attorneys may get a rare glimpse into the impact that evidentiary rulings about spoliation can have in a jury trial.

The U.S. Court of Appeals for the Third Circuit has ordered a retrial of an antitrust case before Judge Leonard P. Stark in the U.S. District Court for the District of Delaware to permit the plaintiff, GN Netcom Inc., to introduce expert evidence about how much potential evidence was deleted when an executive at the defendant, Plantronics Inc., purposefully deleted relevant emails.

As most everything else about the antitrust trial will likely stay the same, the “do over” ...