Law

Drawing Fifth Amendment Adverse Inferences Against Corporate Defendants

Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.
Law

Failure to Record Interrogation and Adverse Inference Charge

The Court of Appeals last week determined that a trial court is not required to issue an adverse inference charge whenever the police could have, but failed to, electronically record an interrogation.
The National Law Review

Adverse Inference Based on Destruction of Computer Evidence

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Nature

No adverse inference for failure to obtain or disclose opinion

The Court of Appeals for the Federal Circuit has issued its long-awaited ruling concerning the state of US patent law with respect to determinations of wilful infringement. In an en banc decision in ...
JD Supra

The Apple v Samsung Saga: Dueling Adverse Inferences = No Advantage

In a patent infringement suit by Apple, Inc. against Samsung Electronics Co, LTD, Apple filed a motion for an adverse inference jury instruction based on Samsung's alleged spoliation—the failure to ...
JD Supra

Superior Court Affirms Defense Verdict, No Adverse Spoliation Inference Where Lost Video Did Not Capture Incident or Contain Relevant Evidence

The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the day of the incident, but was ...
The National Law Review

Court Imposes Adverse Inference for Failure to Preserve Non-Party’s Text Messages within Defendants’ “Control”

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
SCOTUSblog

Argument analysis: Remorseless application of AEDPA?

Type to search articles, cases, and authors. Press ↵ to view all results. As in many recent cases applying limits on relief contained in the Anti-Terrorism and Effective Death Penalty Act’s text ...