Archive: August 7, 2012

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Second Circuit Rejects “the Notion that a Failure to Institute a ‘Litigation Hold’ Constitutes Gross Negligence Per Se”

Second Circuit Rejects “the Notion that a Failure to Institute a ‘Litigation Hold’ Constitutes Gross Negligence Per Se”

Chin v. Port Authority of New York & New Jersey, — F.3d —, 2012 WL 2760776 (2d Cir. July 10, 2012)

On appeal, Plaintiff argued that Defendant’s failure to issue a litigation hold “amounted to gross, rather than simple, negligence” and that the District Court erred in denying a motion for sanctions in the form of an adverse inference.  Finding the District Court did not abuse its discretion, the Circuit Court rejected "the notion that a failure to institute a ‘litigation hold’ constitutes gross negligence per se.” 

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