January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk's request for an adverse inference instruction based on Faruqi's destruction of the alleged blood-stained carpet in Juan Monteverde's office. Judge Hellerstein noted that Ms. Marchuk admitted in her trial testimony that she asked Mr. Monteverde to hide the stains. (The law firm denies that the stains were blood at all.) According to Judge Hellerstein,
"A party who participates in the destruction of evidence cannot later complain that the very evidence she helped destroy is not available for her to use at trial."
Words to live by. Judge Hellerstein's Order was actually issued on Monday. I haven't yet been able to get any information about Tuesday's proceedings, but I will update this post if and when I find anything out. I believe the trial may have adjourned until next week because the judge had a prior commitment.
For our coverage of the trial up until now, go here, here, and here.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
