Two Prominent Federal Judges Issue Opinions for Determining Sanctions
Since January 11, 2010, two prominent federal judges issued opinions
detailing the analytical framework for deciding whether to impose
sanctions for the spoliation of electronic evidence.
Pension Committee of Univ. of Montreal v. Banc of America Sec, LLC, et. al.,
2010 WL 184312 (S.D.N.Y. Jan. 15, 2010) (Amended Order), was a decision
issued by Judge Shira Scheindlin on January 11, 2010. Judge
Scheindlin’s opinion was titled “Zubulake Revisited: Six Years Later” and outlined an analytical framework for imposing severe sanctions for discovery failures.
Respected jurist Judge Lee Rosenthal reinforced this framework in an opinion she issued in Rimkus Consulting Group Inc. v. Cammarata,
H-07-0405 (S.D. Tex. Feb. 19, 2010); however, she took a different
approach than Judge Scheindlin in analyzing the culpability level
necessary for imposing sanctions for preservation failures.
Posted by John Rosenthal at 4:42 PM - Categories: Proportionality | Judge Shira A. Scheindlin | Spoilation | Judge Lee Rosenthal | Case Law
