After obtaining a jury verdict of $2 million against Sam's Club, a Wal-Mart subsidiary, for the wrongful death of a dockworker, Greene & Eisen filed suit against Wal-Mart for "spoliation of evidence" for withholding critical evidence prior to trial. The case eventually came before the Ohio Supreme Court, where Greene & Eisen partner Brian N. Eisen argued before the Court that Wal-Mart should be punished for concealing evidence - even though Wal-Mart lost the trial. Mr. Eisen argued that the rule in Ohio should be "cheaters never prosper," even if their cheating doesn't result in courtroom victory! After Greene & Eisen won in the Ohio Supreme Court, a confidential settlement was reached.
Greene & Eisen has used its experience in this case (Davis v. Wal-Mart) to file claims of spoliation of evidence whenever it discovers altered or concealed medical records in malpractice cases. The case is now routinely cited by other malpractice attorneys filing such claims.
