13 Plaintiffs Sanctioned For Failing To Meet Discovery Obligations In Case Before U.S. District Judge Scheindlin

United States District Court, Southern District of New York, January 15, 2010 Hope Haslam, J.D. Director, eDiscovery Consulting 972.717.1773 hhaslam@courtroomsciences.com Generally, the opinion sets out discovery obligations that are unique to plaintiffs. Judge Scheindlin explains that “[a] plaintiff’s duty is more often triggered before litigation commences, in large part because plaintiffs control the timing of litigation.” As such, it may not be enough for a plaintiff to wait to distribute a litigation hold after it has filed its complaint. A plaintiff may be expected to commence its preservation obligations once it becomes aware that litigation is on the horizon. The failure to do so may result in the spoliation of relevant evidence, thus opening the party up to severe sanctions, such as an adverse inference instruction. Click Here for Full Article

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