Thursday, November 3, 2011

Three-Year Lie Justifies Partially Terminating Sanction: Entry of Default as to Liability

The court granted plaintiff's motion to strike defendants' answer and enter default as to liability as a sanction for defendants' three-year long lie about sending an infringement letter to one of plaintiff's suppliers. "The Court can think of few types of conduct that would be more egregious and harmful to the judicial process than knowingly lying in response to a Court order. . . . The publication of the letter is at the heart of this litigation. . . . The failure to disclose the information undoubtedly altered the discovery process and likely has expanded this litigation. . . . [Defendants' president thought he] could lie when it suited his financial interests to do so. . . . The minimum sanction necessary to redress this flagrant and dishonest disregard for the Court’s order is the ultimate sanction."

Iguana, LLC v. Lanham, et. al., 7-08-cv-00009 (GAMD October 28, 2011, Order) (Land, J.)

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