Wednesday, February 18, 2009

Counsel Sanctioned With Mandatory CLE for "Materially Misquoting" FRCP 33(d)

Defense counsel was sanctioned for "materially misquoting Rule 33(d) of the Federal Rules of Civil Procedure in arguing an incorrect application of the rule." "[Defense counsel] replaced the actual requirement of 'and if the burden of deriving or ascertaining the answer will be substantially the same for either party' (a standard [defendant] could not meet) with 'and answering the question would require the responding party to engage in burdensome or expensive research' (a standard which [defendant] could meet)." Sanctions consisted of "mandatory CLE classes on the Federal Rules of Civil Procedure and on Ethics, including the duty of candor to the court."

Laryngeal Mask Company Ltd. v. AMBU A/S, 3-07-cv-01988 (CASD February 13, 2009, Order)

No comments: