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Does Uber risk losing the Waymo trial by default, and not only suffering sanctions along the way, because of this evidence tampering?
by HelloNurse 9y ago
Does Uber risk losing the Waymo trial by default, and not only suffering sanctions along the way, because of this evidence tampering?
- londons_explore 9y agoMy understanding is that this kind of hiding evidence and tampering would not be punished in the current trial. Instead, if it was determined to be criminal behaviour, there would be another follow up criminal trial.
- wglb 9y agoConsider the possibility that the fact that they concealed evidence would be highlighted by the judge to the jury. Thus they may well be punished for it in the current trial.
- gpm 9y ago(IANAL, lay person's understanding). Uber's already admitted to deleting evidence against the rules (previously to this, they claimed it was a mistake). Waymo is asking the judge to order that "adverse inference" be applied to the contents of that evidence, effectively that for the purposes of this trial the jury (and possibly the judge for motions of summary judgement? Not sure but I would expect so) be ordered to assume that evidence say whatever is most beneficial to Waymo, within reason. In an extreme case the judge might order the jury to assume the deleted emails said "Hey, we got all these trade secrets from whatshisname, awesome right". Which would effectively be Waymo winning by default. I'm not sure if there are any other mechanisms that might cause Waymo to win by default (I doubt it), but the above is a real possibility.