Legal Opinion
Zubulake v. UBS Warburg LLC
District Court, S.D. New York
Decided October 22, 2003No. 02 Civ. 1243(SAS)PublishedCited by 371 opinions
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
“Documents create a paper reality we call proof.”1 The absence of such documentary proof may stymie the search for the truth. If documents are lost or destroyed when they should have been preserved because a litigation was threatened or pending, a party may be prejudiced. The questions presented here are how to determine an appropriate penalty for the party that caused the loss and — the flip side — how to determine an appropriate remedy for the party injured by the loss.
Finding a suitable sanction for the destruction of evidence in civil cases has…
2Cases cited15 opinions
- 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
- Mark N. Silvestri v. General Motors Corporation, Dfendant-AppelleeCourt of Appeals for the Fourth Circuit · 2001
- Michele E. Shepherd and Larue Graves v. American Broadcasting Companies, Inc.Court of Appeals for the D.C. Circuit · 1995
10 more not listed; retrieve them via the Exa API.
3Cited by371 opinions
- Joshawa Webb v. United StatesCourt of Appeals for the Sixth Circuit · 2015
- Victor Stanley, Inc. v. Creative Pipe, Inc.District Court, D. Maryland · 2010
- Rimkus Consulting Group, Inc. v. CammarataDistrict Court, S.D. Texas · 2010
- Zubulake v. UBS Warburg LLCDistrict Court, S.D. New York · 2004
- John B. v. GoetzCourt of Appeals for the Sixth Circuit · 2008
366 more not listed; retrieve them via the Exa API.