· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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