101 Cited authorities

Oppenheimer Fund, Inc. v. Sanders
437 U.S. 340 (1978) Cited 3,597 times 18 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."
Residential Funding Corp. v. Degeorge Financial
306 F.3d 99 (2d Cir. 2002) Cited 740 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
Kronisch v. U.S.
150 F.3d 112 (2d Cir. 1998) Cited 742 times 3 Legal Analyses
Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."
Chin v. Port Auth. of N.Y. & N.J.
685 F.3d 135 (2d Cir. 2012) Cited 464 times 11 Legal Analyses
Holding that the failure to instigate a litigation hold is only one factor in determining whether to issue sanctions
Aramburu v. the Boeing Company
112 F.3d 1398 (10th Cir. 1997) Cited 711 times 5 Legal Analyses
Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"
Zubulake v. UBS Warburg LLC
220 F.R.D. 212 (S.D.N.Y. 2003) Cited 567 times 48 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"
Condrey v. Suntrust Bank of Georgia
431 F.3d 191 (5th Cir. 2005) Cited 337 times 1 Legal Analyses
Affirming summary judgment where nonmovant presented no evidence of bad faith
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).
Talavera v. Shah
638 F.3d 303 (D.C. Cir. 2011) Cited 204 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
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 199 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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 67,980 times 87 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
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 66,831 times 109 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 34,364 times 233 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 31,017 times 257 Legal Analyses
Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 27,130 times 1123 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"
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 26,414 times 106 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 21,630 times 11 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 15,175 times 15 Legal Analyses
Noting that service by mail is complete when the document is mailed
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 11,589 times 72 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"
Rule 33 - Interrogatories to Parties
Fed. R. Civ. P. 33 Cited 8,307 times 17 Legal Analyses
Adopting Rule 30(b)

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

101 Cited authorities

Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

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

Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."

Holding that the failure to instigate a litigation hold is only one factor in determining whether to issue sanctions

Holding that "[t]he adverse inference must be predicated on the bad faith of the party destroying the records"

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"

Affirming summary judgment where nonmovant presented no evidence of bad faith

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).

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

Holding that a rebuttable presumption arose that prejudice resulted when documents were lost due to failure to institute a litigation hold

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

Holding that such dismissal "operates as an adjudication on the merits"

Holding that a party may be barred from using a witness if it fails to disclose the witness

Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"

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"

Holding an "unrepresented party" to the same standard as an attorney

Adopting similar language for acquiring default judgment against the United States

Noting that service by mail is complete when the document is mailed

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"

Adopting Rule 30(b)