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.”