SchizoNerd420
kiwifarms.net
- Dołączono
- 15 Mar 2025
Pedantic assholery incoming, you've been warned.
It really depends on who is making the adverse inference. If its the jury at trial, it then depends on what the court instructs them to do. The court could instruct them that they must draw an adverse inference from him deleting/not preserving the texts, which I suspect would lead to them assuming that he sent the videos to Abby. Or the court could instruct the jury that they may draw an adverse inference, and then it's just up to the parties to try and convince the jury what actually happened.Someone mentioned that sometimes the penalty for spoliation is still not as bad as what the person is being sued for; but if they are allowed to assume the worst, wouldn't they just assume he sent exactly what Abby and Pxie claim?
I agree with most of what you said, but its actually the magistrate judge that is being "slow" here (I put "slow" in quotations, because I'm not actually sure the judge is being slow relatively speaking). Every currently pending motion, including the motion for a preliminary injunction, the motion for a protective order, and the motion for leave to amend the complaint, has been referred to the magistrate judge for initial review and disposition. And the magistrate judge has authority to issue a ruling on the protective order and the amended complaint without first issuing a recommendation to the district judge (although, the parties could still appeal his rulings to the district judge, as you noted).That being said I do kind of suspect the District Judge is being slow on purpose to try and let this case cool down a little bit and to signal to both sides to calm down a little bit.


