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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