Gordon v. Liguori

How courts have described this case

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

• identifying 3 factors: (1) was the witness under that party’s control, (2) was the testimony something that party naturally would “be expected to produce if it were favorable,” and (3) was “the existence or nonexistence of a certain fact [] uniquely within the knowledge of the witness”
• an adverse inference is appropriate “under limited circumstances” when a party fails to call a witness

Source: CourtListener parenthetical corpus (CC0).