Friday, January 23, 2009

"Willful" Avoidance of Discovery Obligations Results in Trial Handicap

For failing to produce documents, asserting "numerous improper objections," improperly relying on Rule 33(d), and failing to meet and confer in good faith, one group of defendants was sanctioned with "the loss of one peremptory challenge" and a reduction in "time for voir dire, opening statements, and closing argument by one-half of the amount allotted to the [other group of] defendants." "This conduct was committed willfully and in an effort to avoid discovery obligations. . . . As this is the first sanction imposed in this case, the undersigned warns the [sanctioned] defendants that future discovery abuses will result in more severe sanctions."

LaserDynamics, Inc. v. Asus Computer International, 2-06-cv-00348 (TXED January 21, 2009, Memorandum Opinion & Order).

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