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Sent to you by pakurilecz via Google Reader: Court holds that failure
to implement a litigation hold is gross negligence and awards motion
costs and attorneys fees via Legal Holds and Trigger Events by John
Jablonski on 3/12/09 Acorn v. Co. of Nassau, 2009 WL 605859, (EDNY
3/9/09) ("the failure to implement a litigation hold at the outset of
litigation amounts to gross negligence.") (awarded sanction of motion
costs and attorneys fees for failing to implement a litigation hold).
In this case the County of Nassau claimed that it issued a "verbal"
litigation hold. The court was not persuaded and cited to the lack of
evidence (like an affidavit) from anyone that allegedly received the
verbal litigation hold. Plaintiffs also suffered at the hands of lack
of evidence, by failing to demonstrate that the missing ESI was
relevant enough to warrant the harsh sanction of an adverse inference
charge. The court held, however, that the failure to implement a
litigation hold required a monetary sanction to punish defendant's
conduct. The court awarded the costs of the motion and attorneys fees.

You can download the district court's opinion from our New Cases Page:
http://legalholds.typepad.com/legalholds/new-cases.html

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