gross negligence per se
Contra Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs.
Chin v. Port Authority of New York and New Jersey
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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