112855P.pdf   01/15/2013  Hallmark Cards  v.  Janet Murley
   U.S. Court of Appeals Case No:  11-2855
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Bye, Author, with Gruender and Shepherd, Circuit Judges]
   Civil case - Contracts. Taking into consideration the gravity of an
   adverse inference instruction, the court prospectively holds that a district
   court must issue explicit findings of bad faith and prejudice before giving
   the instruction; here, the court believes the district court engaged in the
   necessary consideration even though it did not issue explicit findings of
   bad faith and prejudice; in light of the overwhelming evidence of bad
   faith which was before the court, the failure to issue the explicit findings
   was harmless error; district court erred in awarding plaintiff
   compensation defendant received for work unrelated to plaintiff as such
   an award would place plaintiff in a better position than it would have
   enjoyed had defendant not breached her employment agreement. Judge
   Shepherd, concurring in part and concurring in the judgment.