United States Second Circuit
RESIDENTIAL FUNDING CORP. v. DEGEORGE FIN. CORP., 01-9282
Where a discovery obligation is breached by the non-production of evidence, a District Court has broad discretion in fashioning an appropriate sanction, and a judge's finding that a party acted with gross negligence or in bad faith with respect to discovery obligations is ordinarily sufficient to support a finding that the missing or destroyed evidence would have been harmful to that party. In this case, the District Court applied the wrong standard in deciding defendant's motion for sanctions.
Appellate Information
- Decided 10/30/2002
- Published 10/30/2002
Judges
- JOSÉ A. CABRANES, Circuit Judge., Before JACOBS, CABRANES, and F.I. PARKER, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellees:
- Jonathan Ross,Erica W. Harris (Susman Godfrey, L.L.P., Houston, TX), for Defendants-Appellants., Jeffrey A. Hall, Philip S. Beck, Steven E. Derringer, Rebecca L. Weinstein (Bartlit Beck Herman Palenchar & Scott, Chicago, IL); Joshua W. Cohen (Cummings & Lockwood, Stamford, CT), for Plaintiff-Appellee.