Court Imposes Large Sanctions for Bad Faith Actions During Discovery (Illinois)

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In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, 2013 WL 6486921 (S.D. Ill. Dec. 9, 2013).

In this pharmaceutical litigation, the plaintiffs’ steering committees requested sanctions stemming from the defendants’ inability to adequately preserve documents in anticipation of litigation. The court found that the defendants made discovery violations in multiple areas: they failed to timely identify key custodians, inadequately implemented a litigation hold on multiple involved employees, failed to preserve relevant text messages, and failed to give the vendor assisting in collection of data relevant materials and passwords. The court imposed sanctions for bad faith, including $931,000 in fines, plaintiffs’ costs and fees, and orders for production of documents and witnesses.

 

Topics:  Bad Faith, Discovery, Pharmaceutical

Published In: Civil Procedure Updates, Electronic Discovery Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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