Archive: December 20, 2013

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Sanctions Imposed for Inadequate Implementation of Litigation Hold

Sanctions Imposed for Inadequate Implementation of Litigation Hold

In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., MDL No. 2385, 2013 WL 6486921 (S.D. Ill. Dec. 9, 2013)

In this case, the court addressed the adequacy of Defendants’ preservation efforts, including the implementation of their litigation hold(s) and determined that sanctions were warranted for Defendants’ violation of the court’s case management orders in bad faith.  Accordingly, the court ordered production of relevant documents or an explanation regarding why they could not be produced, payment of the Plaintiffs’ Steering Committee’s (PSC) costs and fees “in pursuing the issue of the defendants’ violations” and that the defendants produce their employees for depositions in the United States.  The court also imposed a fine of $931,500 jointly and severally against both defendants ($500 per case). Read More

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