2nd Circuit
Chin v. Port Authority of New York and New Jersey
Contra Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs.
e-discovery
E-Discovery Brief
gross negligence per se
LexisNexis
spoliation
Zubulake
Zubulake v. UBS Warburg
Blog Post:
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...
on
3 Aug 2012