Reginald D. Ware Ware Communications, Inc. v. Rodale Press, Inc. Ware Communications

OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellant Ware Communications, Inc. (“WCI”) sued Appellee Rodale Press, Inc. (“Rodale”) for, inter alia, breach of contract. After repeated noncompliance with discovery requests and orders, the District Court sanctioned WCI by precluding it from introducing any evidence of damages at trial. Because this made it impossible for WCI to establish a required element of its breach of contract claim, the District Court dismissed the claim. WCI appeals both the sanction and dismissal. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

I. BACKGROUND…