Post Process

Everything to do with E-discovery & ESI

Case Blurb: Residential Funding Corp.; Finding that party acted with gross negligence or in bad faith sufficient that missing evidence harmful to movant

Posted by rjbiii on September 3, 2007

The district court’s finding that party acted with gross negligence or in bad faith with respect to discovery obligations is ordinarily sufficient to support finding that missing or destroyed evidence would have been harmful to the party. Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002).

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