Sunday, April 15, 2007

Spoliation of Evidence

When a party is once found to be fabricating, or suppressing, documents, the natural, indeed the inevitable, conclusion is that he has something to conceal, and is conscious of guilt.
--Judge Learned Hand (upon finding that a ship's log had been "dressed up to excuse the ship's faults"), Warner Barnes & Co. v. Kokosai Kisen Kabushiki Kaisha, 102 F.2d 450, 453 (2d Cir. 1939).

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