Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.

The court applied an adverse inference against the company for failing to call two witnesses, and interpreted the parties’ ...

The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the day of the incident, but was ...

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally ...