The court applied an adverse inference against the company for failing to call two witnesses, and interpreted the parties’ ...

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.

Listen to this article New York State Supreme Court, Appellate Division, Fourth Judicial Department Adverse inference — Unpreserved surveillance  —Probable cause People v. Evans KA 22-01853 Appealed ...

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 ...

It was long believed by many that if a defendant in a domestic violence hearing plead the 5th Amendment (i.e. chose not to testify on the grounds that it might incriminate him/herself), that the court ...

Federal regulators accused Albertsons executives of deleting text messages relevant to a lawsuit challenging the Boise company’s merger with Kroger, according to a filing in a federal court in ...