Fulbright Alert: 2nd Circuit Rejects Per Se Gross Negligence Standard For Failure To Issue A Hold Notice

Preservation and discovery sanctions rarely reach appellate courts, but the Second Circuit addressed both in its July 10 opinion in Chin v. Port Authority of New York & New Jersey , --- F.3d ---, 2012 WL 2760776, Nos. 10-1904-cv(L), 10-2031-cv(XAP) (2d Cir. July 10, 2012) [ enhanced version available...

2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

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...

Ballard Spahr LLP: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence, 2nd Circuit Holds

By Philip N. Yannella and Christopher Corsi In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority [ enhanced version available to lexis.com subscribers ] that the failure to issue a litigation hold is not gross negligence per...