The Seventh Circuit has ruled, in litigation over the prescription blood-thinning drug Pradaxa, that the drug maker should not have been ordered to produce German-based employees for depositions in the United States as a discovery sanction.
In a divided ruling, Circuit Judge Richard Posner, however, rejected the writ of mandamus sought by Boehringer Ingelheim Pharmaceuticals and Boehringer Ingelheim International to reconsider discovery fines totaling almost $1 million. Posner and dissenting Circuit Judge David Hamilton agreed with the finding that Boehringer should pay money sanctions for engaging in “interminable discovery delays.”
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