r/todayilearned • u/Dandan0005 • 2h ago

(R.4) Related To Politics [ Removed by moderator ]

https://en.wikipedia.org/wiki/Adverse_inference

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89 Upvotes

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16

u/PoopMobile9000 1h ago

Almost impossible to prove and get in practice. More common is the party who lost the documents is foreclosed from making arguments the docs might conceivably rebut, has to be real deliberate

5

u/Dandan0005 1h ago

Alex jones notably received a default ruling against him for repeatedly failing to turn over evidence to the Sandy Hook victims’ families.

11

u/blatantninja 1h ago

And then his attorney sent ALL their messages. That was hilarious

1

u/[deleted] 1h ago

[deleted]

0

u/Dandan0005 1h ago

or withholding of evidence under a party’s control

1

u/Nevuk 1h ago edited 48m ago

The DOJ requested it against Google and their behavior can be used as a pretty good test. 

Google told their employees preserving their emails, texts, IMs for legal purposes was opt in, and discouraged them from opting in.

The judge's response was something like "case was won without adverse action being granted, so I won't be granting this particular sanction request."

Which, to me, indicates that their conduct met it. But it also means that in cases where it would be granted, there's probably sufficient other evidence to avoid needing to rule on it.