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...
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...
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...