Post Process

Everything to do with E-discovery & ESI

Case Blurb: Pension Comm. of the Univ. of Montreal Pension Plan; Negligence Defined

Posted by rjbiii on March 1, 2010

It is useful to begin with standard definitions of each term and then to explore the conduct, in the discovery context, that causes certain conduct to fall in one category or another.

[Negligence] is conduct “which falls below the standard established by for the protection of others against unreasonable risk of harm.” [Negligence] is caused by heedlessness or inadvertence, by which the negligent party is unaware of the results which may follow from [its] act. But it may also arise where the negligent party has considered the possible consequences carefully, and has exercised [its] own best judgment.

Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, LLC, 2010 U.S. Dist. LEXIS 4546 (S.D.N.Y. Jan. 15, 2010)

Case Summary is here.

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