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July 18, 2012

Second Circuit Rejects Key Lit Hold Standard, or Does It?

JailFew appellate courts have addressed the consequences of failing to issue a written litigation hold, until the Second Circuit Court of Appeals dove in with its decision in Chin v. The Port Authority, John Jablonski writes in "Second Circuit Rejects Key Litigation Hold Standard," yesterday. 

"Tucked at the end of its 55-page decision, the circuit addresses the question of whether the failure to issue a written litigation hold at the onset of litigation should result in sanctions -- and holds in Chin that the failure to issue a written litigation hold does not equal per se gross negligence. It further held that the district court did not abuse its discretion by denying the motion for sanctions. Has the Second Circuit handed spoliators a 'get out of jail free' card?"

Read more here.

Meanwhile, Legal Hold Pro Alert, in a post by Brad Harris, says it ain't a rejection. Check it out here.

What do you think? Dive on into the comments!


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