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He repeated: "There's a negative inference".
Robert De Niro has stormed out of an interview with the Radio Times after saying the journalist was asking him questions with a "negative inference".
But JUSTICE EILEEN C. BRANSTEN said that in a civil trial, unlike a criminal trial, a judge could draw a negative inference when someone refused to testify.
The judge said he had drawn a negative inference from their failure to provide any explanation in court.
Lawyers for Universal have argued that the judge should draw a negative inference from that lack of disclosure, since if the company ignored legal warnings about My.MP3.com, that would in itself constitute willful disregard for the law.
Then the mother didn't show up to court, and her lawyer had nothing to say, so I was able to draw a negative inference and I made a finding and I was so relieved that that settled it".
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Mr. Brafman said, "It is a mistake to draw any negative inference or conclusion about a case or a particular defendant based on isolated taped conversations taken out of context".
"For years, Cravath has set the bar for what it pays its associates, and other law firms follow them like lemmings to avoid any negative inference about their financial strength," said Bruce MacEwen, a law firm consultant who publishes the Web site Adam Smith, Esq.
No one should draw any negative inference from our declining comment".
These can include an automatic negative inference about the missing information, dismissal of the case, or heavy fines.This leads lawyers to practice the legal equivalent of "defensive medicine", producing far more than they need to to stay on the safe side.
In the case of Robert De Niro's walkout last month, the Academy Award-winner blamed "negative inference" in the questions of Emma Brockes, a Radio Times reporter who spoke to him during the promotional blitz for his new film, "The Intern".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com