Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Scott v. Garfield, 454 Mass. 790 (2009)

Citation
Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document
Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-09-15

Other Sections in This Document (57)

Full Text

656 chars
To the extent that any discrepancy exists between the standard expressed in Kippenhan v. Chaulk Servs., Inc., 428 Mass. 124, 127 (1998) (“if a litigant or its expert knows or reasonably should know that the evidence might be relevant to a possible action”), and Keene v. Brigham & Women’s Hosp., Inc., 439 Mass. 223, 233-237 (2003) (“evidence known to be relevant”), we need not resolve it here because, as discussed infra, the judge properly found not only that Garfield reasonably should have known that the columns might be relevant to possible litigation, but also that he actually did appreciate the likely relevance of the columns to such litigation.