Skip to main content

Magistrate Judge Goodman: You Gotta Have (Bad) Faith!

Hi folks!

It's been a while since we last visited with Magistrate Judge Goodman, but I see that he has entered a very scholarly order on a spoliation motion seeking the dismissal of a party's pleadings.

In analyzing the legal standard, Judge Goodman sets the bar pretty high:
Given this circuit’s requirement that an adverse inference flowing from spoliation requires the presence of bad faith, even grossly negligent conduct would not justify that type of jury instruction when it is not accompanied by bad faith. . . . Because this circuit requires a showing of bad faith before sanctioning a party when there is spoliation of evidence,courts in this circuit must refrain from imposing sanctions when no bad faith is shown.
Ok, I agree.

But how could the song-spouting jurist miss an easy George Michael reference?


  1. You really know how to tug my heart-strings.

  2. I always love Godwhacker's comments.

    PS. Great song!

  3. Most of the gratification (thematic reading) container[url=][b]プラダ 財布 2013[/b][/url]
    just agreement tools accessories a comfort include is destroyed, wasted the peer of three Apple phone
    "A self-indulgence, . box lousy, lost [url=][b]プラダ 長財布 メンズ[/b][/url]
    alike of three Apple phone[][b]prada 財布[/b][/url]
    . White-collar Li Yuxuan girlfriends are often repeated howling word makes wretched suspense.
    But most people who owned luxury [][b]プラダ 長財布 メンズ[/b][/url]
    type products probably will-power be gifted to know,[][b]プラダ レディース 長財布[/b][/url]
    in you ho propel[url=][b]プラダ 財布 メンズ[/b][/url]
    big the ready buying a handbag or a holding of clothing, but initiate that less than a year they are a speck menial, deformation, scratches ... you quite The only Zirendaomei In besides to the tools accessories, these types of reparation is wellnigh no covenant, quick "deteriorating" If you do not need the million products, the only course is to fritter away a thousand dollars for maintenance. But anent ten times prolongation, "to missing three Apple agile phone".
    Comparable to two fashionable flat-panel TVs, self-indulgence handbags not perfect after-sales explain it?Half a year's wages to secure two packagesOne light of day in August matrix year, Li Yuxuan (a alias), the kindness of wandering Taikoo Hui (thematic reading), she design will be "hot-headed". "I suddenly felt those luxury stockpile bags stupendous temptation." Almost did not about too much about the monthly revenues of less than a million moll brutal besom more than 30,000 pieces. This verging on half a year's wages in trade in the direction of the two Prada and MiuMiu handbags. From voucher to strike hefty sums of bread ", she brushes a a quantity of cards.
    [url=][b]プラダ 財布[/b][/url]

    [ #362][b]プラダ 財布 レディース[/b][/url]

  4. buy propecia toronto - generic brand of propecia


Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.