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No “Gotcha” Allowed in New Jersey.

December 23, 2011

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In the case of <em>Inferrera v. Walmart Stores, Inc.</em>, US Magistrate Judge Joel Schneider was confronted with the question of whether Walmart was allowed to withhold disclosure of a security camera recording on the grounds that the video might impeach a slip and fall plaintiff’s deposition testimony -- depending, of course, on what the plaintiff said.  Judge Schneider <a href="http://pdf.wcmlaw.com/pdf/Inferrera.pdf">ruled</a> in the negative.  He wrote the “the purpose of the court system is to resolve civil disputes in a civil way. Thus, 'gotcha games' are not acceptable."  If only the notion of civility was truly honored by more members of the bar -- think <a href="http://en.wikipedia.org/wiki/Snoopy_vs._the_Red_Baron_(song)">Snoopy and the Red Baron </a>on this last work-day before Christmas.
For more information about this post or WCM’s New Jersey practice, please contact Bob Cosgrove at <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.

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