September 4, 2012
In the “GC Agenda” section of Practical Law The Journal, partner Nicholas J. Panarella discussed the Second Circuit decision in Chin v. Port Authority. In that case the defendant failed to timely issue a litigation hold, resulting in lost evidence. The court held that a failure to issue a litigation hold is not gross negligence per se and a district court has wide discretion in determining whether to issue discovery sanctions. It denied the plaintiff’s request to issue an adverse inference instruction to the jury. Nonetheless, Mr. Panarella cautioned that litigation holds warrant a case-by-case analysis.
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