101 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 3,524 times   10 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."
  2. Residential Funding Corp. v. Degeorge Financial

    306 F.3d 99 (2d Cir. 2002)   Cited 732 times   32 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
  3. Kronisch v. U.S.

    150 F.3d 112 (2d Cir. 1998)   Cited 730 times   3 Legal Analyses
    Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."
  4. Chin v. Port Auth. of N.Y. & N.J.

    685 F.3d 135 (2d Cir. 2012)   Cited 454 times   11 Legal Analyses
    Holding that the failure to instigate a litigation hold is only one factor in determining whether to issue sanctions
  5. Aramburu v. the Boeing Company

    112 F.3d 1398 (10th Cir. 1997)   Cited 705 times   5 Legal Analyses
    Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"
  6. Zubulake v. UBS Warburg LLC

    220 F.R.D. 212 (S.D.N.Y. 2003)   Cited 558 times   45 Legal Analyses
    Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"
  7. Condrey v. Suntrust Bank of Georgia

    431 F.3d 191 (5th Cir. 2005)   Cited 332 times   1 Legal Analyses
    Affirming summary judgment where nonmovant presented no evidence of bad faith
  8. Andon v. 302-304 Mott Street Associates

    94 N.Y.2d 740 (N.Y. 2000)   Cited 340 times
    In Andon, the defendant's expert failed to identify or attach the scientific studies he relied upon to support his opinions on the significance of maternal IQ in evaluating lead paint injury causation (Andon, 94 NY2d at 746).
  9. Talavera v. Shah

    638 F.3d 303 (D.C. Cir. 2011)   Cited 200 times   1 Legal Analyses
    Holding the District Court erred in finding the plaintiff was entitled only to a “weak adverse inference” of spoliation in light of the defendant's negligent destruction of evidence relevant to the issue of pretext
  10. 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 197 times   32 Legal Analyses
    Holding that a rebuttable presumption arose that prejudice resulted when documents were lost due to failure to institute a litigation hold
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 67,618 times   84 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 66,442 times   86 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 34,184 times   209 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 30,886 times   239 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  15. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 27,040 times   1017 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  16. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 26,273 times   99 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  17. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 21,514 times   9 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States
  18. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 15,108 times   13 Legal Analyses
    Noting that service by mail is complete when the document is mailed
  19. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 11,516 times   62 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  20. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 8,265 times   15 Legal Analyses
    Adopting Rule 30(b)