News & Analysis as of

Sanctions Breach of Contract Discovery

Zelle  LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Marshall Dennehey

Failure to Comply with Discovery Order Results in Dismissal with Prejudice and Monetary Sanctions

Marshall Dennehey on

Robert Hayes, et al. v. Aegis Capital, FINRA Case #22-02854 - Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading,...more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Provides Examples of Both Common and Uncommon Discovery Issues

On April 28, 2023, Justice Reed of the New York County Commercial Division issued decisions on motions to bifurcate proceedings, compel discovery, and impose sanctions in ASM Capital, LP v. Four Wood Capital Partners, LLC,...more

Carlton Fields

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

Carlton Fields on

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity,...more

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