Failure of an expert to comply with the subpoena
Court finds expert's failure to produce subpoenaed notes fundamentally unfair, raising questions about record retention obligations for IME doctors.
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2 articles by Jason Tenenbaum, Esq.
Unintentional spoliation leads to adverse inference charge
New York court rules that unintentional destruction of evidence warrants adverse inference jury instruction when opposing party wasn't notified beforehand.
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