TerminatingSanction

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February 24, 2017

Counterclaim Dismissed with Prejudice as Sanction for Fabricated Email

In Flextronics International, USA, Inc. v. Sparkling Drink Systems Innovation Center Ltd. et. al., Case No. 15-4904 (N.D. Ill., Feb. 9, 2017), Plaintiff sued Defendants for breach of contract, fraud and other claims stemming from a manufacturing agreement. Defendant Bueno is the owner of the two corporate Defendants. Defendant SDS-HK brought a countersuit for more

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August 5, 2016

Court Grants Summary Judgment in Lieu of Spoliation Sanctions

In Montgomery v. Risen, et. al., Case No. 16-0126 (District of Columbia, Jul. 15, 2016), Defendants published a non-fiction book related to the United States war on terror. One chapter in the book involves Plaintiff, who claimed to have developed technologies used by the government following the 9/11 attacks, including technology that Plaintiff claimed could

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May 3, 2016

The Sanction of Dismissal – A Terminating Sanction that Costs a Party the Case

Refusal to turn over evidence and spoliation of evidence are serious matters, and courts will often respond by ordering monetary sanctions against the offending party, or by ordering other types of sanctions, such as adverse inference instructions. One rarely-used form of sanction, however, is the most serious – the sanction of dismissal or a terminating