Post Process

Everything to do with E-discovery & ESI

Case Blurb: Alcoa, Inc.; Effect of an adverse inference instruction

Posted by rjbiii on August 31, 2007

Imposition of an adverse inference instruction has been recognized as a powerful tool in a jury trial since, when imposed, it basically brands one party as a bad actor, guilty of destroying evidence that it should have retained for use by the jury. Consolidated Aluminum Corp. v. Alcoa, Inc., 2006 WL 2583308 (M.D.La) (citing Morris v. Union Pacific R. R., 373 F.3d 896, 900 (8th Cir.2004)).

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