ComLab, Corp. v. Kal Tire No. 17-cv-1907 (KBF), 2018 WL 4333987 (S.D.N.Y. Sept. 11, 2018)In this breach of contract case, the court imposed terminating sanctions, dismissing the plaintiff’s case with prejudice. The court found that the plaintiff “fabricated and...
Malone v. Weiss In this breach of contract case, the court imposed the rare sanction of outright dismissal, finding that it was the only remedy “proportional to the deleterious conduct” of the plaintiffs. This case began when the plaintiffs, John and Veronica Malone...
Understand the definition of spoliation under the Federal Rules of Civil Procedure. With respect to the Federal Rules of Civil Procedure (FRCP), spoliation is the loss or destruction of potentially relevant information that should have been preserved for a civil...
Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018). In this interlocutory appeal, the Second Circuit upheld the lower court’s imposition of a $2.7 million discovery sanction in a case with an estimated $25,000 value. This...
In this opinion, the appellate court soundly rejected the defendant’s arguments, affirming a daily $4,000 sanction for the defendant’s willful refusal to comply with discovery.