Recent Cases Offer Lessons on the Limitations of Discovery Sanctions
GN Netcom and Waymo teach that parties are generally better served by dedicating their energies to obtaining dispositive evidence rather than dispositive sanctions.
February 16, 2018 at 08:00 AM
4 minute read
Discovery sanctions are often viewed as a litigation game-changer. They seemingly offer a way to tip the scales of justice against a sanctioned party and drive a matter toward settlement. Nevertheless, sanctions have their limitations, particularly if they are not case dispositive. Even an adverse inference instruction is no substitute for marshaling evidence through discovery to establish claims or defenses at trial.
The Sanctions in GN Netcom v. Plantronics
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