Second Circuit Rejects Bright-Line Test For Failure to Issue Hold Notice

October 01, 2012

In a recent decision, Chin v. The Port Authority, 685 F.3d 135 (2d Cir. 2012), a panel of the U.S. Court of  Appeals for the Second Circuit expressly rejected a bright-line test that deemed the failure to issue a litigation hold memoranda gross negligence and that arguably mandated the issuance of an adverse jury instruction in such instances for lost or destroyed evidence. Id. at 161-62.

Partners Vivian Maese and Ben Barnett, and associate Lindsey Stelcen review, discuss and analyze the implications and the impact of the Chin decision.