Almost a century ago, Justice Louis Brandeis recognized that "[s]ilence is often evidence of the most persuasive character." Bilokumsky v. Tod, 263 U.S. 149, 153 (1923). In civil litigation that ...

Jed I. Bergman and Cynthia M. Jordano summarize the key principles courts generally apply in deciding whether to permit Fifth Amendment adverse inferences in civil suits against corporate defendants.

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible ...

In this chapter, we review and comment on several approaches for drawing inferences from incomplete data. A substantial literature on this topic has developed over the last 30 years, and the range of ...

Negative conclusions can be drawn by the GMC’s medical practitioners tribunal service (MPTS) panel if doctors decide not to testify or give evidence in their disciplinary tribunal, the high court has ...