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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