Skip to main content

Topic

Discovery Sanctions

67 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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?

  5. 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…

  6. 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

    By Paul W. Mollica

    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.…

  7. Tort Talk

    Discovery Sanctions Awarded

    By Daniel Cummins

    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…

  8. Tort Talk

    Trial Court Grants Discovery Sanctions After Med Mal Defendant Led Plaintiff on Wild Goose Chase

    By Daniel Cummins

    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…

  9. New York Commercial Division Practice

    A Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a Deposition

    By James R. Maguire

    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…

  10. Paul W. Mollica Federal Courts Blog

    Ninth Circuit Holds That It Had Jurisdiction Under Collateral-Order Doctrine to Review Sanction Against U.S. Attorney

    By Paul W. Mollica

    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…