Trimess

Tuesday, May 21, 2013

Portland Transport puts Trimet into "rogues gallery"

Unfortunately, TriMet likely did itself no favors by playing dumb in discovery. In the "discovery" phase of a civil trial, plaintiff and defendant have to turn over relevant documents and information to the other side when asked--or assert privilege over material that might be protected. Parties in lawsuits are not permitted to knowingly fail to comply with discovery requests, such as withholding relevant documents. TriMet, however, took the position that unless electronic documents were specifically requested by the plaintiffs (whose initial request did not specify any particular media), it need only produce material that it had on paper. This did not amuse the judge, who fined the agency $5000 (to cover plaintiff's costs) and required GM Neil McFarlane to provide an affidavit (meaning he's under oath) that all relevant documents had been delivered.

Read Rogue's gallery here! 

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