Did someone say "evidence tampering"?
Here is one of Varian's allegations of defamatory statements:
"(10) That Susan Felch, George Zdasiuk, Richard Levy, Kathy Hibbs, Craig Moro, or any other Varian employee, or Varian itself, has videotaped persons in company bathrooms, going to the bathroom, using the bathroom, or engaging in any private activities in the bathroom, or has otherwise invaded the privacy of any person in the bathroom;...
(12) That Varian Associates, Varian Medical, Varian Semicondcutor, Susan Felch, George Zdasiuk, or Plaintiffs' attorneys destroyed or tampered with evidence;"
geocities.com
and here is a letter from Lynne C. Hermle, the Orrick partner, representing Varian:
"...Furthermore, Delfino does not allege any facts showing that Varian had a duty to preserve the videotapes in question (which apparently were reused or discarded long before litigation between Varian and Delfino was contemplated). ..."
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