Cooper Tire & Rubber Company v. Koch

Case Updates

Click here to view the opinion.

The Georgia Supreme Court will decide whether a Georgia appeals court erred by creating a different, more lenient spoliation standard for plaintiffs than for defendants. The Chamber’s brief on the merits argued that the lower court’s double-standard improperly relieves plaintiffs of their duty to preserve evidence when they have constructive notice of potential litigation, while requiring defendants to preserve evidence in the same circumstances.

Brian D. Boone of Alston & Bird LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

The cert. grant is limited to the following issue:

Did the Court of Appeals properly articulate the legal standard for when a plaintiff’s duty to preserve evidence begins and properly apply that standard to the facts of this case?

Click here to view the Chamber's amicus brief in support of the petition for writ of certiorari.

Brian D. Boone of Alston & Bird LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.