Wis Law: Trier of fact can draw an adverse inference from intentional spoliation of evidence

[Scuba]

Source: http://www.mwl-law.com/CM/Resources/Spoliation-in-all-50-states.pdf



Federal panel opens GOP computers in Wisconsin redistricting case

http://www.jsonline.com/news/statepolitics/federal-panel-opens-gop-computers-in-wisconsin-redistricting-case-mv8u03q-193105171.html

Madison - A federal court gave groups suing the state broad access Monday to three computers used by the Legislature to develop Republican friendly voting maps.
The Legislature "must make these three computers available in their entirety immediately" to the groups suing the state, the three judges wrote.

"The computers are extremely likely to contain relevant and responsive materials that should have been disclosed during pretrial discovery. Moreover, Plaintiffs have established that substantial numbers of documents were not disclosed, which satisfies the court that some form of 'fraud, misrepresentation, or misconduct' likely occurred," the unanimous opinion said.

The ruling provided the latest setback for Republican lawmakers, who have consistently resisted releasing documents in the case. It will give the plaintiffs a chance to determine whether legislators and their attorneys improperly withheld additional documents before the case went to trial.

Here ya go ...

[Jackpine Radical]

1. Interesting.

Maybe by August the Legislature will have to convene in the Dane County Jail so they can get a quorum.

[ProgressiveProfessor]

2. Been the law for quite some time

Intent will be the hard part. There is some justification for returning them to service and once that happened all legal value use was minimized, including for claiming intentional destruction

[midnight]

3. It's nice that these judges decided to uphold the law.