Partners say 'adverse inference' sanction for spolitation of evidence does not address discovery non-compliance

摘要

Seeking reconsideration, the Valmont partners survivors moved on July 28 for default judgment rather than simply imposing adverse inference as a sanction on defendants' "willful spoliation of evidence" in support of their claims including the alleged fraudulent transfer of assets to avoid payment of environmental costs for cleanup at the Valmont Industrial Park in Hazleton. (See related article on P. 4 of this issue.)