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Sent to you by pakurilecz via Google Reader: Pre-Litigation EEOC Filing
Deemed Trigger Event - Adverse Inference Jury Instruction Request
Denied Despite Destruction via Legal Holds and Trigger Events by John
Jablonski on 3/13/09 Jade Society v. Port Auth. of NY & NJ, 2009 WL
577665, (SDNY 3/5/09) (pre-litigation duty to preserve triggered on
date "EEOC charge was served upon the Port Authority.")

In this mater, the court held that the Port Authority had a duty to
preserve evidence triggered by the filing of EEOC complaints by the
various plaintiffs. Plaintiffs argued that the Port Authority should be
sanctioned for failing to implement a legal hold and failing to
preserve performance evaluations that were destroyed. The Port
Authority offered a number of inconsistent excuses including that files
were destroyed in the 9-11 attack on the World Trade Center. The court
held that the destruction was merely negligence, and did not warrant an
adverse inference charge. No other sanctions were discussed and the
plaintiffs' motion was denied. For a copy of the opinion click here:
http://legalholds.typepad.com/legalholds/new-cases.html.

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