Legal Opinion
Orbit One Communications, Inc. v. Numerex Corp.
District Court, S.D. New York
Decided October 26, 2010No. Nos. 08 Civ. 0905 (LAK) (JCF), 08 Civ. 6233 (LAK) (JCF), 08 Civ. 11195 (LAK) (JCF)PublishedCited by 57 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JAMES C. FRANCIS IV, United States Magistrate Judge.
There is a pervasive risk that electronic information will be lost during the course of litigation, whether through inadvertence, intentional spoliation, or failure to institute and properly implement a litigation hold. Consequently, the law provides a range of sanctions and remedies that may be imposed when the destruction of evidence occurs. No matter how inadequate a party’s efforts at preservation may be, however, sanctions are not warranted unless there is proof that some information of significance has actually been…
2Cases cited29 opinions
- Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
- Rotella v. WoodSupreme Court of the United States · 2000
- Fujitsu Limited v. Federal Express CorporationCourt of Appeals for the Second Circuit · 2001
- Robert F. Byrnie v. Town of Cromwell, Board of Education, Body Corporate Cromwell Board of Education Body CorporateCourt of Appeals for the Second Circuit · 2001
- Residential Funding Corporation v. Degeorge Financial Corp., Degeorge Home Alliance, Inc. And Degeorge Capital CorpCourt of Appeals for the Second Circuit · 2002
24 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Chin v. Port Authority of New York & New JerseyCourt of Appeals for the Second Circuit · 2012
- Skyline Steel, LLC v. PilePro, LLCDistrict Court, S.D. New York · 2015
- Cedar Petrochemicals, Inc. v. Dongbu Hannong Chemical Co.District Court, S.D. New York · 2011
- Hulett v. City of SyracuseDistrict Court, N.D. New York · 2017
- Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015
52 more not listed; retrieve them via the Exa API.