Legal Opinion
Rafael Miranda v. Daron Wyatt
Court of Appeals for the Ninth Circuit
Decided February 22, 2017No. 15-55716UnpublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
Rafael Garcia Miranda and Olga Martha Garcia (collectively “Plaintiffs”) appeal the district court’s decision denying Plaintiffs’ request to give an adverse inference jury instruction. A district court’s refusal to give an adverse inference jury instruction is reviewed for abuse of discretion. United States v. Fries, 781 F.3d 1137, 1146 (9th Cir. 2015). “A district court abuses its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact.” Jeff D. v. Otter, 643 F.3d 278, 283 (9th Cir. 2011) (citation omitted). We…
2Cases cited5 opinions
- Residential Funding Corporation v. Degeorge Financial Corp., Degeorge Home Alliance, Inc. And Degeorge Capital CorpCourt of Appeals for the Second Circuit · 2002
- Apple Inc. v. Samsung Electronics Co.District Court, N.D. California · 2012
- Unigard Security Insurance v. Lakewood Engineering & Manufacturing Corp.Court of Appeals for the Ninth Circuit · 1992
- Jeff D. Ex Rel. Belodoff v. OtterCourt of Appeals for the Ninth Circuit · 2011
- United States v. Todd FriesCourt of Appeals for the Ninth Circuit · 2015
3Cited by1 opinion
- Safety National Casualty Corporation v. Kinshofer USA, Inc.District Court, D. Idaho · 2023