Contra Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs.
gross negligence per se
Zubulake v. UBS Warburg
2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions
LexisNexis Litigation Resource Community Staff
The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...
3 Aug 2012
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