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12 Dec 2011, 12:23 am by John Diekman
Practice point: Pursuant to CPLR 3126, a court may strike an answer as a sanction if a defendant refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.Student note: However, the drastic remedy of striking an answer is inappropriate absent a clear showing that the defendant's failure to comply with discovery demands was willful or contumacious.Case: Hoi Wah Lai v. [read post]
21 Dec 2009, 6:49 pm by Editor
NASCAR Racing.jpg In an auto racing antitrust action, the Sixth Circuit affirms summary judgment for the defendant racing association after trial court strikes as unreliable the plaintiff’s experts’ testimony on the relevant markets, noting a circuit split on the need for expert economic testimony to show a relevant market; the Sixth Circuit finds lay testimony was insufficient to establish a reliable economic foundation to determine the affected market for… [read post]
27 Jun 2008, 9:21 pm
DAVID BERNSTEIN: The Supreme Court's decision in District of Columbia v. [read post]
22 Feb 2012, 12:14 pm by Roy Ginsburg
In adopting the ministerial exception, the Court distinguished its prior holding in Employment Division, Department of Human Resources of Oregon v. [read post]
6 Dec 2016, 2:27 pm
We decline to lay out a test for the first step of the §289 damages inquiry in the absence of adequate briefing by the parties. [read post]