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...