Fourth Circuit affirms denial of spoliation sanction against Wal-Mart

In Hodge v. Wal-Mart Stores, Inc., the Fourth Circuit, applying Virginia law, in an opinion by Judge Luttig joined by Judges Wilkinson and Traxler, affirmed the District Court's summary judgment ruling, in which the Court refused to sanction Wal-Mart for spoliation of the evidence in a personal injury case.