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ADKINS v. WOLEVER

No. 07-1421.

554 F.3d 650 (2009)

Kenneth Ray ADKINS, Plaintiff-Appellant, v. Basil WOLEVER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. Kevin R. Himebaugh, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. John L. Thurber, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before BOGGS, Chief Judge; MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

We reheard this case en banc to resolve a choice-of-law question: Does state law control a federal court's imposition of sanctions as relief for spoliated evidence? The original panel, constrained by our earlier opinions that applied state law to determine whether spoliation sanctions were available, (see, e.g., Beck v. Haik, 377 F.3d 624, 641 (6th Cir.2004); Nationwide...

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