News & Analysis as of

Sanctions Default Judgment

Faegre Drinker Biddle & Reath LLP

Court Rejects Habitual TCPA Plaintiff’s Procedural Gamesmanship

In a recent condemnation of procedural “gamesmanship of the lowest order,” District Judge Michael M. Baylson not only denied a plaintiff’s request for a default judgment and for sanctions, but also sua sponte ordered the...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for June 2023 - June 27th, 1:00 pm - 2:00 pm ET

Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more

Fox Rothschild LLP

Do Sanctions Against AWOL Litigants Make a Sound When they Land?

Fox Rothschild LLP on

If a court “throws the book” at steadfastly uncooperative litigants, did it really happen if there’s no one around to take the hit? The Business Court tested that “tree falling in the woods” theory in JCG. & Assocs., LLC v....more

Nelson Mullins Riley & Scarborough LLP

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more

Saul Ewing LLP

Repeated Discovery Failures Can Lead to the Ultimate Sanction of a Default Judgment

Saul Ewing LLP on

It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more...more

Farrell Fritz, P.C.

Court Reminds Parties That Discovery Orders Are Not a Hoax

Farrell Fritz, P.C. on

For some, discovery is merely a necessary evil in the litigation process. And so, it should come as no surprise that the discovery process is often ripe with gamesmanship. A recent decision reminds practitioners, however,...more

Jones Day

Second Circuit Affirms Denial of Contempt Sanctions on Foreign Banks with Accounts of Non-Compliant Judgment Debtors

Jones Day on

The Underlying Dispute The dispute giving rise to the Second Circuit's decision began with a trademark infringement suit filed by Nike in 2013 against several hundred Chinese retailers for selling counterfeit Nike products on...more

UB Greensfelder LLP

A Glaring Example Of FINRA Dragging Its Feet, Culminating In A Pointless Default Decision

UB Greensfelder LLP on

FINRA loves to tout its supposed intent to bring meaningful cases, cases that matter to the investing public, rather than enforcing “foot faults,” as it has been accused of doing over the years. My own experience with FINRA...more

Dorsey & Whitney LLP

Federal Magistrate Judge Tells Cautionary Tale About How Not to Conduct Discovery in Federal Court

Dorsey & Whitney LLP on

Earlier this month, a federal magistrate judge in the Eastern District of New York, Judge Lois Bloom, issued a report and recommendation (“R&R”) that the ultimate sanction of default judgment be entered against certain...more

Carlton Fields

Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted in Arbitration to Determine Whether Party Acted in Bad...

Carlton Fields on

The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more

Winstead PC

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

Winstead PC on

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex....more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Proskauer - Minding Your Business

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Adler Pollock & Sheehan P.C.

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

Sheppard Mullin Richter & Hampton LLP

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

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