Tag Archives: Fed. R. Civ. P. 37(e)

Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit

In Hoffer v. Tellone, No. 22-1377 (2d Cir. Feb. 13, 2025), the Second Circuit disaffirms the use of a “culpable state of mind” standard to impose discovery sanctions under Fed. R. Civ. P. 37(e)(2), requiring a specific “intent to deprive” standard, though it also reduces the burden of proof to preponderance of the evidence. TheContinue reading “Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit”

Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion

In Rossbach v. Montefiore Med. Cntr., No. 21-2084 (2d Cir. Aug. 28, 2023), the Second Circuit joins other courts in holding that the Seventh Amendment does not require a jury trial to evaluate a claim of evidence fabrication and spoliation under Fed. R. Civ. P. 37(e) and 28 U.S.C. § 1927. The district court dismissedContinue reading “Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion”