Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM First Department Imposes 'Adverse Inference' Charge for Discovery Delays in Fraud Suit Over Legal Professional Conferences
"In addition to the measures that the court imposed—precluding defendants from presenting documents that they failed to timely produce during discovery and precluding them from offering evidence pertaining to interrogatories that they failed to answer—plaintiffs are also entitled to an adverse inference charge, to be formulated by the trial judge," wrote the appellate panel.
July 05, 2023 at 02:09 PM
4 minute read
Discovery
A state appeals court in a fraud and conversion case aimed at a company that ostensibly organizes business conferences for legal professionals has ruled that the defendants will get an "adverse inference" charge imposed against them because of delay in producing discovery documents.
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