Pinkstaff v. Black & Decker (U.S.) Inc.

In this C.A.R. 21 proceeding, the Colorado Supreme Court held the trial court abused its discretion in striking an answer brief as a sanction for discovery violations. The court held that striking an answer brief is tantamount to an entry of default judgment, and, in the present case, was unduly harsh and not commensurate with the harm done. The court also held that, although the trial court employed language in an order appearing to hold Baldwin and Black & Decker's attorney in contempt of court, because the trial court states it was not its intent to hold the attorney in contempt, the…