News & Analysis as of

Discovery Summary Judgment Sanctions

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

Minerva26 on

Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

Minerva26

Why Skipping Initial Disclosures Can Cost You the Case

Minerva26 on

Litigators, take note—Rule 26(a) is not just a box to check in the early stages of discovery. Failing to comply with its initial disclosure requirements can have disastrous and expensive consequences, as U.S. Bank recently...more

Butler Weihmuller Katz Craig LLP

Amended Florida Rules of Civil Procedure Now in Effect

The start of the new year has brought changes to Florida’s civil practice. In June 2024, the Florida Supreme Court issued proposed amendments to the state’s Rules of Civil Procedure, which we covered here. After the comment...more

Nelson Mullins Riley & Scarborough LLP

Court Issues a Rare, Severe Discovery Sanction: The Path that Led to Default Judgment

A Tennessee Circuit Court recently issued an order granting default judgment as a discovery sanction against Endo Health Services, Inc. in Staubus v. Purdue Pharma, L.P., et al., No C-41916 (Tenn. Cir. Ct. Apr. 6, 2021). We...more

Proskauer - Minding Your Business

To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for...

Parties should think twice before posting potential evidence on social media, as the Plaintiff in Guarisco v. Boh Brothers Construction learned recently. The Eastern District of Louisiana imposed sanctions on Plaintiff for...more

Butler Snow LLP

Think twice before filing a spoliation motion against a plaintiff in Georgia.

Butler Snow LLP on

Georgia courts have finally claimed the same legal standard applies to plaintiffs and defendants when courts are deciding when the duty to preserve relevant evidence arises. But the application of the standard to plaintiffs...more

Spilman Thomas & Battle, PLLC

Avoiding Spoliation of Evidence is an Ongoing Obligation

Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It's always important to allow an opponent and their expert the opportunity to inspect premises and review...more

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