Bashir v. Amtrak

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that more than “mere negligence” in losing or destroying evidence is required to sustain an inference of consciousness of a weak case
• explaining that “an adverse inference” is warranted when the “absence of . . . evidence is predicated on bad faith”
• requiring a showing of bad faith for the imposition of an adverse inference
• “in this circuit the negligent destruction of evidence is insufficient to support an adverse jury instruction”
• an adverse inference is drawn when a party fails to preserve evidence and the party’s failure was predicated on bad faith
• “an adverse inference is drawn from a party’s failure to preserve evidence only when the absence of that evidence is predicated on bad faith.”

Source: CourtListener parenthetical corpus (CC0).