Quotes of the Day


Besides… if the people doing the most whining are to be believed, the evidence they claim I have “despoiled” still exists. They claim to have saved it. They can present it in any counter claim they are contemplating. Of course, I have the right to challenge its authenticity. But you can’t claim evidence has been “memory-holed” when you have preserved your own copy thereof. — Bill Schmalfeldt


While courts may consider many factors, the two most important factors in assessing spoliation sanctions are  the culpability of the offender and the degree of resulting prejudice from the conduct. Considering culpability, courts assess the mental state of the actor along a continuum of fault ranging from accidental or inadvertent, to considerably more blameworthy, to knowing and purposeful. Generally, a dispositive sanction may be imposed only when the spoliation results from willfulness or bad faith. Where there is intentional conduct, the court can assume that the evidence would have damaged the spoliator’s case and impose sanctions accordingly. But in certain circumstances cases involving repeated unintentional conduct (i.e., gross negligence) may be met with a more severe sanction than a single act of bad faith.

— Margaret Koesel, Tracy Turnbull, Coauthors of Spoliation of Evidence: Remedies and Sanctions for Destruction of Evidence in Civil Litigation (ABA 2006).



NOT a Real Quote:

Michael J. Sorich: Mr. Schmalfeldt, can we look at any of the supposedly mean things you’ve posted online?  We may need to prepare ourselves to defend your previous statements, or at least make sure your writings don’t contradict our theory of the case.

Bill Schmalfeldt: Wanna hear a funny sketch about Governor Rick Perry?

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This entry was posted in Free Speech, freedom, Shutuppery, Stupid and Evil, Uncategorized and tagged , . Bookmark the permalink.

7 Responses to Quotes of the Day

  1. Toastrider says:

    Wait, let me make sure I’m understanding this right…

    Cabin Boy deletes all his digital diarrhea, then brags ‘Nuh uh, can’t prove your copies are real!’? Is he REALLY that stupid?

    Good God. He’s going to get cornholed. I feel sorry for the lawyer at this point.

    Liked by 3 people

    • crawford421 says:

      Yep, and he says that while declaring a letter with his signature on it is fake.

      Liked by 1 person

      • Minemyown says:

        Yes the very letter that he has already included in a law suite–dismissed with prejudice–which means that non of the communications with gmhowell can be considered as legal matters but out right harassment.

        If I was in gmhowell’s shoes “I” would be talking to a lawyer about a peace order and maybe criminal harassment charges.

        Two terms that bill lawyer will be explaining to him for sure are res judicata and Collateral estoppel .

        Liked by 4 people

      • gmhowell says:

        Peace order in MD? Why bother?

        On Thu, Aug 18, 2016 at 10:53 AM, Dave Alexander & Company with David Edgren and Gus Bailey – The Artisan Craft Blog wrote:

        > Minemyown commented: “Yes the very letter that he has already included in > a law suite–dismissed with prejudice–which means that non of the > communications with gmhowell can be considered as legal matters but out > right harassment. If I was in gmhowell’s shoes “I” would be” >

        Like

    • I feel bad for the corn. Not sure that makes sense.

      Liked by 3 people

  2. Kyle Kiernan says:

    Bill Schmalfeldt: Man or Demon?

    Like

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