§Why CasetextPricing

Pegasus Aviation I, Inc., et al., Appellants,v.Varig Logistica S.A., Defendant, MatlinPatterson Global Advisers, LLC, et al., Respondents.

Brief

51 Cited authorities

  1. Byrnie v. Town of Cromwell, Bd. of Educ

    243 F.3d 93 (2d Cir. 2001)   Cited 1,135 times   9 Legal Analyses
    Holding that the same standard applies to claims of discrimination based upon gender and age

  2. Morris v. Dept. of Taxation

    82 N.Y.2d 135 (N.Y. 1993)   Cited 1,417 times   4 Legal Analyses
    Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."

  3. Residential Funding Corp. v. Degeorge Financial

    306 F.3d 99 (2d Cir. 2002)   Cited 871 times   33 Legal Analyses
    Holding evidence of bad faith or gross negligence that satisfies the culpable-state-of-mind requirement is also usually sufficient to satisfy the relevance requirement

  4. Aramburu v. the Boeing Company

    112 F.3d 1398 (10th Cir. 1997)   Cited 782 times   5 Legal Analyses
    Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"

  5. Reilly v. Natwest Mkts. Grp. Inc.

    181 F.3d 253 (2d Cir. 1999)   Cited 688 times   5 Legal Analyses
    Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"

  6. Beaven v. U.S. Dept. of Justice

    622 F.3d 540 (6th Cir. 2010)   Cited 243 times   1 Legal Analyses
    Holding that "[t]he district court also did not abuse its discretion in holding that the folder was relevant--that the Plaintiffs had made 'some showing indicating that the destroyed evidence would have been relevant to the contested issue' of who may have accessed the folder . . . such that 'a reasonable trier of fact could find that it would support that claim'" " party seeking an adverse inference may rely on circumstantial evidence to suggest the contents of destroyed evidence."

  7. Zubulake v. UBS Warburg LLC

    229 F.R.D. 422 (S.D.N.Y. 2004)   Cited 290 times   25 Legal Analyses
    Holding that "[i]n this circuit, a `culpable state of mind' for purposes of a spoliation inference includes ordinary negligence"

  8. Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC

    685 F. Supp. 2d 456 (S.D.N.Y. 2010)   Cited 225 times   33 Legal Analyses
    Holding that a rebuttable presumption arose that prejudice resulted when documents were lost due to failure to institute a litigation hold

  9. VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.

    93 A.D.3d 33 (N.Y. App. Div. 2012)   Cited 206 times   7 Legal Analyses
    Finding that destroyed records were relevant when they were from a “vital time period” in relationship to a breach of contract dispute

  10. Glover v. Bic Corp.

    6 F.3d 1318 (9th Cir. 1993)   Cited 346 times   1 Legal Analyses
    Holding that "[a]lthough an adequate warning will prevent the reliance on a theory of strict liability in a failure to warn defect case, such a warning will not make safe a product with a manufacturing defect"

  11. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,760 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness