Hallmark Cards, Inc. v. Murley, —F.3d—, 2013 WL 149817 (8th Cir. Jan 15, 2013)

Key Insight: Circuit court pronounced prospective rule that a district court must issue explicit findings of bad faith and prejudice prior to delivering an adverse inference instruction but found district court?s failure to do so in the present case was harmless error and that the Defendant was not entitled to a new trial

Nature of Case: Breach of contract