No “Gotcha” Allowed in New Jersey.

In the case of Inferrera v. Walmart Stores, Inc., 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 ruled 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 Snoopy and the Red Baron on this last work-day before Christmas.

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