Post Process

Everything to do with E-discovery & ESI

Case Blurb: Alcoa, Inc.; Appropriate situations for issuance of an Adverse Inference Instruction

Posted by rjbiii on September 3, 2007

Typically, the giving of an adverse inference instruction has been upheld where the facts of the case are extreme, such as where the destroyed evidence was the very automobile that was the subject of the products liability action. Consolidated Aluminum Corp. v. Alcoa, Inc., 2006 WL 2583308 (M.D.La) (citing Concord Boat Corp. V. Brunswick Corp., 1997 WL 33352759 (E.D.Ark. 1997) citing Dillon v. Nissan Motor Co., 986 F.2d 263 (8th Cir. 1993)).

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