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Chin v. Port Auth. Of New York & New Jersey
October 18, 2012 10:20 am - Posted by Adlilaw in Blog
ESI discovery – The Second Circuit Court of Appeals in New York rejects argument that the mere failure to issue a litigation hold automatically constitutes “gross negligence” that justifies the imposition of sanctions. The decision in Chin v. Port Auth. Of New York & New Jersey essentially overruled that holding from a the now famous Judge Scheindlin in Pension Committee of Univ. of Montreal Pension Plan v Banc of America Securities LLC 685 F.Supp.2d 456 (S.D.N.Y 2010).
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