In Bozic v. City of Washington, No. 11-cv-674 (W.D. Pa. Dec. 5, 2012), the court entered a sanctions order finding spoliation because of a witness’s destruction of an audio recording of a key meeting between the parties.  Under the governing Third Circuit test, the court held that sanctions would be appropriate only if “bad faith” was demonstrated.  The court found that standard satisfied because of a witness’s “shifting testimonial accounts as new evidence regarding the destruction emerged.”  As a sanction, the court held that it would “instruct the jury at trial that it may conclude that [the tape] was destroyed because its contents were harmful” to the sanctioned party.  The court, however, held that the sanctioned party would not be precluded from introducing testimony from its own witnesses as to what occurred at the meeting.