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· 8/20/2008

Buckley v. Mukasey

Citations

  • 538 F.3d 306
  • 2008 U.S. App. LEXIS 17721
  • 104 Fair Empl. Prac. Cas. (BNA) 1
  • 91 Empl. Prac. Dec. (CCH) 43,300
  • 2008 WL 3854498

How courts have described this case

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

  • holding that exclusion of evidence of prior litigation “affected [the plaintiff’s] substantial rights by rendering her unable to cogently demonstrate * * * retaliatory animus.”
  • explaining that the spoliation of evidence, “though not conducted in bad faith, could yet be intentional, willful, or deliberate” and therefore support an adverse inference instruction (internal quotation marks omitted)
  • an adverse inference requires a showing that the party “knew the evidence was relevant to some issue at trial and that his willful conduct resulted in its loss or destruction”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Duncan, Roth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.