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.

An issue that often arises at trial is what, if any, are the applicable rules where a party fails to call a witness with material knowledge of the case. In such a scenario, two issues arise: (1) ...

Shoppers at the Albertsons grocery store at 16th and State streets in downtown Boise on Sept. 9, 2023. The supermarket was built on the site of founder Joe Albertson’s original 1939 store. Federal ...

PASADENA, Calif. (CN) – The Ninth Circuit ruled Wednesday that an adverse inference jury instruction was not necessary regarding the fact that video evidence of police interrogations was deleted in ...

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 ...

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 ...

Marc Elias, an attorney for Democratic congressional candidate Dan McCready, asks the state elections board for "adverse inferences" against Republican Mark Harris, his campaign and political ...

House Democrats have brandished a legal concept to help speed through an impeachment inquiry and pin wrongdoing on the Trump administration — but the strategy might create weaknesses in their case ...

If Reginald Clemons never gets another day in court to defend himself against the charges that he raped Robin Kerry and Julie Kerry on April 4, 1991 and was an accomplice to their murders, then he ...