· 2/10/1987
Sumner v. Goodyear Tire & Rubber Co.
Citations
- 428 Mich. 1206
- 1987 Mich. LEXIS 7806
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that disposing of documents for innocuous reasons, such as destruction “as a part of routine file maintenance” demonstrates that the accused party “lacked a ‘bad faith’ motive for their destruction”
- explaining that disposing of documents for innocuous reasons, such as destruction “as a part of routine file maintenance” demonstrates that the accused party “lacked a ‘bad faith’ motive for their destruction”
- noting that defendant’s compliance with a federal preservation regulation, after which “the records are destroyed as a part of routine file maintenance,” “further demonstrat[ed] that [the defendant] lacked a ‘bad faith’ motive for [the records’] destruction”
- holding the plaintiff bears the burden to establish the defendant acted in bad faith and allowing the defendant to present evidence showing there was an innocuous explanation where documents subject to federally mandated retention were destroyed
- “King must show that ICR acted in ‘bad faith’ to establish that it was entitled to an adverse inference.”
- holding federal law governs motion for sanctions seeking spoliation instruction
Source: CourtListener parenthetical corpus (CC0).
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.