Abtrax Pharmaceuticals, Inc. v. Elkins-Sinn, Inc.

The opinion of the Court was delivered by

STEIN, J.

The issue before us is whether a complaint should be dismissed pursuant to Bule 4:23-2(b)(3) for discovery misconduct consisting of the willful concealment of relevant documents. The Law Division found that plaintiffs conduct was contumacious, dismissed plaintiffs complaint with prejudice, and awarded counsel fees and expenses. In an unreported opinion, the Appellate Division agreed with the finding that plaintiff had willfully concealed relevant documents, affirmed the award of counsel fees and expenses, but reversed the trial court’s…