DOJ alleges Google destroyed chat messages it was required to save during antitrust investigation
Epic submitted exhibits in that case that seemed to show some Google employees believed chats were a safer place to conduct sensitive conversations. For example, one exhibit shows an employee comment on a document that says "Since it's a sensitive topic, I prefer to discuss offline or over hangout," referring to Google's chat product.
An adverse jury instruction, in its most stringent form, would instruct a jury that it should assume that the relevant documents that were destroyed would have cast Google in a negative light, according to Eileen Scallen, a professor at the UCLA School of Law who has taught evidence and civil procedure. A lesser remedy could be to instruct the jury to not hold it against the plaintiff for not having specific documents to back up its claims.
"The one person the jury respects in a courtroom is the trial judge," Scallen said in a phone interview late last month regarding the Epic case. "And if the trial judge is telling them you can presume that this was bad news for Google, they're going to take that to heart."
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