Ellis v. Toshiba America Information Systems, Inc.
California Court of Appeal
160 Cal. Rptr. 3d 557 (2013)
Relevant factsFree
After Sklar (defendant's counsel seeking fees) sought over $22 million in fees and produced redacted then supposedly unredacted time records, and later admitted using software to regularly delete original files and their metadata, the trial court ordered forensic inspection of her hard drives; Sklar failed to cooperate in establishing an inspection protocol and cancelled the scheduled inspection the day before it was to occur, prompting the trial court to impose $165,000 in monetary sanctions and limit her fee recovery.
IssueFree
Whether monetary sanctions may be awarded against a party that has misused the discovery process.
Related cases
Farmers New World Life Insurance Co. v. Rees161 Cal. Rptr. 3d 678 (2013)Lockheed Martin Corp. v. United States973 F. Supp. 2d 591 (2013)Clapper v. Amnesty International USA133 S.Ct. 1138 (2013)Federal Trade Commission v. Actavis, Inc.133 S. Ct. 2223 (2013)Comcast Corporation v. Behrend133 S.Ct. 1426 (2013)