Tuesday, January 15, 2013

Eighth Circuit -- Hallmark Cards v. Janet Murley

Though normally, court must explicitly find bad faith and prejudice before issuing adverse inference instruction, here it was sufficiently plain that the error was harmless.

Lower court erred in putting plaintiff in a better position than they otherwise would have been had deft not breached employment agreement.


Hallmark Cards  v.  Janet Murley
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.