Topic
Discovery Sanctions
67 published works
Herston on Tennessee Family Law
Discovery Sanctions Overturned in Nashville, Tennessee Divorce: Gordon v. Gordon
By K.O. Herston
Facts: Husband and Wife were embroiled in a contentious divorce where each accused the other of marital misconduct. During the divorce, Wife made numerous abuse allegations against Husband to the…
Commercial Case Notes
Motion for Discovery Sanctions Failed for Lack of Affirmation of Good Faith
By John Lundin
On February 18, 2026, the Second Department issued a decision in Sanchez v. Uber Tech., Inc., 2026 NY Slip Op. 00926, holding that a motion for discovery sanctions was properly…
HeplerBroom Blog
Seventh Circuit Affirms Discovery Sanctions Leading to Summary Judgment
By Margaret M. Molloy, Justin K. Curtis
Analyzes an appellate court decision affirming that when a party to a declaratory judgment action repeatedly ignores requests for documents and court orders, a district court may issue a dispositive…
Family
Default Judgment for Discovery Sanctions Affirmed in Nashville, Tennessee Divorce: Kelly v. Kelly
By K.O. Herston
When can a Tennessee court order a default judgment in a divorce?
Commercial Case Notes
Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production
By John Lundin
On March 20, 2025, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2025 NY Slip Op. 01711, affirming a discovery sanction for…
Paul W. Mollica Federal Courts Blog
Second Circuit Clarifies Standards for Entry of Sanctions Under Fed. R. Civ. P. 37(e)(2), Noting a Possible Conflict with the Fifth Circuit
In Hoffer v. Tellone, No. 22-1377 (2d Cir. Feb. 13, 2025), the Second Circuit disaffirms the use of a “culpable state of mind” standard to impose discovery sanctions under Fed.…
Tort Talk
Discovery Sanctions Awarded
In the case of Hamilton Law Group P.C. v. Hardenstine, No. 1464-CV2020 (C.P. Monroe Co. Nov. 22, 2024 C. Daniel Higgins, Jr., J.), the court granted a Motion for Discovery…
Tort Talk
Trial Court Grants Discovery Sanctions After Med Mal Defendant Led Plaintiff on Wild Goose Chase
In the case of Lapteff v. Abington Mem. Hosp., No. 2021-CV-00536 (C.P. Montg. Co. Nov. 15, 2024 Saltz, J.), the court entered an Order in favor of a Plaintiff in…
New York Commercial Division Practice
A Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a Deposition
As readers of this blog are aware, the most contentious battles during a lawsuit are fought during discovery. Among the various discovery battles is scheduling depositions. In many cases, parties…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney
In United States v. Cloud, No. 22-30044 (9th Cir. May 21, 2024), the Ninth Circuit holds that even before entry of a conviction against the criminal defendant, the United States…