Archive: June 17, 2009

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Appellate Court Finds Trial Court Abused its Discretion by Failing to Impose Terminating Sanctions for Discovery Abuses, Directs Entry of Default Judgment
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Upcoming Events

Appellate Court Finds Trial Court Abused its Discretion by Failing to Impose Terminating Sanctions for Discovery Abuses, Directs Entry of Default Judgment

Doppes v. Bentley Motors, Inc., 94 Cal. Rptr. 3d 802 (Cal. Ct. App. 2009)

In this case arising from plaintiff’s claims of a foul odor in his new car and defendant’s failure to repair it, plaintiff repeatedly sought terminating sanctions from the trial court for defendant’s repeated and egregious discovery abuses.  Instead, the trial court ordered the jury would be instructed regarding defendant’s discovery failures and allowed to draw an adverse inference. Even when presented with additional evidence of defendant’s failures during trial, the trial court refused to award terminating sanctions.  On appeal, the appellate court found that the trial court abused its discretion in failing to impose terminating sanctions and remanded the case with instructions to strike defendant’s answer and enter default judgment, among other things.

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Upcoming Events

E-Discovery Workshop via HP Halo Telepresence Collaboration Studios – “E-Discovery in a Down Economy:  Achieving Litigation Readiness While Cutting Costs and Improving Outcomes”

July 16, 2009
HP Halo Studio Locations:
     New York, NY – 2 Penn Plaza, 8th Floor
     Marlborough, MA – 200 Forest St.
     Alpharetta, GA – 5555 Windward Parkway
9:30 – 12:30 PM

K&L Gates Partner, David Cohen, will co-facilitate this timely discussion covering a range of topics, including e-discovery readiness, identifying and addressing the risks of e-discovery, best practices of successful organizations, and how your business can achieve the balance of cutting costs, protecting your business, and preparing for the future, among others.

Click here to learn more.

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