Shreve v. Warren Assoc., Inc.

MILLER, Justice:

In this appeal, we are asked to consider the propriety of the circuit court’s assessment under Rule 37(d) of the West Virginia Rules of Civil Procedure of approximately $10,000 in legal fees and expenses against counsel for the plaintiffs based on their failure to timely answer interrogatories. We conclude the circuit court abused its discretion in ordering the assessment. 1

The facts underlying the Rule 37(d) sanction are essentially not in dispute. The plaintiffs’ attorneys originally instituted a product liability action on behalf of their clients, Randy and Anita Shreve.…