Court Instructs Adverse Inference for Lawyer’s Failure to Advise Upkeep of Social Networking (Nevada)
Painter v. Atwood, 2014 WL 1089694 (D. Nev. March 18, 2014).
Within this sexual harassment situation, the defendants stated the complaintant and her two primary witnesses deliberately destroyed texts and Facebook posts that will contradict the plaintiff’s declare that the defendants fostered a piece atmosphere which was sexual anyway. A legal court discovered that the complaintant had spoliated evidence by removing certain Facebook posts however, the defendants didn’t meet their burden of showing culpability for that deletion from the texts. The plaintiff’s counsel contended the complaintant would be a 22-years old girl who would never know much better than to delete her Facebook posts or texts. A legal court declined that argument, proclaiming that “once complaintant maintained counsel, her counsel must have shared with her of her duty to preserve evidence and, further, described to complaintant the entire extent of this obligation.” A legal court ruled that dismissal was too harsh, and therefore found a bad inference instruction to become appropriate.