34 Cited authorities

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

    243 F.3d 93 (2d Cir. 2001)   Cited 1,002 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 1,223 times   2 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 707 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
  4. Kronisch v. U.S.

    150 F.3d 112 (2d Cir. 1998)   Cited 713 times   3 Legal Analyses
    Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."
  5. Zubulake v. UBS Warburg LLC

    220 F.R.D. 212 (S.D.N.Y. 2003)   Cited 531 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"
  6. 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 189 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
  7. Ortega v. New York

    2007 N.Y. Slip Op. 7741 (N.Y. 2007)   Cited 163 times   1 Legal Analyses
    Holding that that existing remedies available to courts for discovery violations—e.g., "precluding proof favorable to the spoliator . . . , requiring the spoliator to pay costs . . . employing an adverse inference instruction at the trial . . . . [w]here appropriate, . . . dismissing the action or striking responsive pleadings, thereby rendering a judgment by default against the offending party"—are an adequate deterrence
  8. VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.

    93 A.D.3d 33 (N.Y. App. Div. 2012)   Cited 131 times   6 Legal Analyses
    In Voom HD Holdings LLC v. EchoStar Satellite LLC., 939 N.Y.S.2d 321 (N.Y. App. Div. 2012), the court applied the Zubulake standard of preservation, noting that it is "widely adopted by federal and state courts," and "harmonious with New York precedent in the traditional discovery context...."
  9. In re NTL, Inc. Securities Litigation

    244 F.R.D. 179 (S.D.N.Y. 2007)   Cited 102 times   2 Legal Analyses
    Finding the defendant has control over documents in the possession of a separate company because of a document sharing clause in an agreement between them
  10. Strong v. City of N.Y.

    112 A.D.3d 15 (N.Y. App. Div. 2013)   Cited 57 times   1 Legal Analyses
    In Strong, the plaintiff demonstrated that the City had negligently failed to take active steps to halt the process of automatically deleting audio recordings, despite having notice of impending litigation for which a specific audio recording would be relevant (id.).