Legal Opinion

Dorchester Financial Holdings Corp. v. Banco BRJ S.A.

District Court, S.D. New York

Decided December 15, 2014No. 11-CV-1529 (KMW)PublishedCited by 25 opinions

1Opinion of the Court

OPINION & ORDER

KIMBA M. WOOD, District Judge:

In his September 12, 2014 Memorandum and Order (the “Memorandum and Order” or “M & O”), Magistrate Judge Fox made two discovery-related determinations to which Plaintiff Dorchester Financial Holdings Cor-poi’ation (“Dorchester”) has objected. First, Judge Fox held that Dorchester committed spoliation when it destroyed a computer that contained documents relevant to Defendant Banco BRJ S.AJs (“BRJ”) defense. (See M & O at 13-16 [ECF No. 158]). To sanction Dorchester’s spoliation, Judge Fox precluded evidence derived solely from the computer and…

2Cases cited15 opinions

  1. Fujitsu Limited v. Federal Express CorporationCourt of Appeals for the Second Circuit · 2001
  2. 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
  3. Chin v. Port Authority of New York & New JerseyCourt of Appeals for the Second Circuit · 2012
  4. West v. Goodyear Tire & Rubber Co.Court of Appeals for the Second Circuit · 1999
  5. Zubulake v. UBS Warburg LLCDistrict Court, S.D. New York · 2003

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3Cited by25 opinions

  1. Congregation Rabbinical College of Tartikov, Inc. v. Village of PomonaDistrict Court, S.D. New York · 2015
  2. Tchatat v. O'HaraDistrict Court, S.D. New York · 2017
  3. DeCastro v. KavadiaDistrict Court, S.D. New York · 2015
  4. Thurmond v. BowmanDistrict Court, W.D. New York · 2016
  5. Bradshaw v. MarshallDistrict Court, N.D. New York · 2024

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