News & Analysis as of

Discovery Failure to Comply

Freiberger Haber LLP

The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions

Freiberger Haber LLP on

Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...more

Farrell Fritz, P.C.

“Enough is Enough” Says Commercial Division in Discovery Dispute: Strikes Party’s Pleading

Farrell Fritz, P.C. on

A recent decision from the Manhattan Commercial Division reminds us of the ramifications of non-compliance with discovery obligations. Although in my experience courts (especially the Commercial Division) typically do not...more

Fox Rothschild LLP

Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences

Fox Rothschild LLP on

On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board...more

Lasher Holzapfel Sperry & Ebberson PLLC

Late or Untimely Discovery Responses in a Child Relocation Act Case: The Lawyer Escapes Sanctions (For Now)

Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more

Zuckerman Spaeder LLP

Bad-Behaving Litigants Beware: Gamesmanship During Discovery Could Come at Great Cost

Zuckerman Spaeder LLP on

New York courts are trending towards a strict no-tolerance approach in disposing of cases for willful discovery violations. Under CPLR 3126(3), a party may seek to strike its opponent’s pleading for a willful failure to...more

Farrell Fritz, P.C.

Boilerplate Objections And Discovery Games Require Little Effort But Result In Big Sanctions

Farrell Fritz, P.C. on

Bursztein v Best Buy Stores, L.P., (2021 WL 1961645 [SD NY 2021]) involves a personal injury lawsuit arising from plaintiff Perla Bursztein’s slip and fall accident in a New York City Best Buy store...more

Harris Beach PLLC

Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint

Harris Beach PLLC on

Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the default of the appealing party for its failure to oppose a motion in two different...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight On Appropriate Sanctions for Failure to Comply with Discovery Obligations

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case that was dismissed following several missteps by the plaintiff during the discovery process. Since the plaintiff clearly demonstrated discovery abuse, the...more

Brooks Pierce

Failure To Comply With Discovery Orders Results In Dismissal Of Pro Se Plaintiff's Case

Brooks Pierce on

Going pro se in the NC Business Court is a bad idea. At least it was for the Plaintiff in Gillespie v. Majestic Transport, Inc., 2017 NCBC 43 who saw his claims dismissed (without prejudice) for failing to comply with the...more

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