Nation-Wide Check Corporation, Inc. v. Forest Hills Distributors, Inc., Nation-Wide Check Corporation, Inc. v. Forest Hills Distributors, Inc.

How courts have described this case

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

• indicating that this \minimum link of relevance\ is required before deterrence rationale would justify shifting burden of proof
• indicating that this “minimum link of relevance” is required before deterrence rationale would justify shifting burden of proof
• concluding that bad faith is not necessary to establish an adverse inference
• explaining that this rationale has a long history, citing Armory v. Delamirie, 1 Stra. 505, 93 Eng.Rep. 664 (K.B. 1722)
• “Allowing the trier of fact to draw the [adverse] inference presumably deters parties from destroying relevant evidence before it can be introduced at trial.”
• upholding adverse inference charge where trial court found that the spoliator’s destruction of documents “transcended mere negligence and amounted to ‘knowing disregard’ of the [non-spoliator’s] claim”

Source: CourtListener parenthetical corpus (CC0).