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

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).

Case Blurb: Residential Funding Corp.; Negligence sufficient to establish culpable state of mind element for adverse inference instruction, 2nd circuit

The “culpable state of mind” factor required for adverse inference instruction based on breach of discovery obligation may be satisfied by showing of negligence, rather than bad faith or gross negligence. Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir. 2002).