Bilesky v. Shopko Stores Operating Co., LLC

¶35 I am not as confident as the Court in concluding that Shopko’s statements were unequivocal and constituted a deliberate waiver, expressly conceding certain facts. As discussed below, the statements originally were made by Bilesky’s counsel, not Shopko’s counsel, in the context of a motion for sanctions under M. R. Civ. P. 37 for spoliation of evidence. Shopko’s counsel never asserted unequivocally that the statements were true, nor did Shopko’s counsel indicate that he had *71confirmed the truth of the statements with someone affiliated with Shopko. Indeed, Shopko employees ultimately…