Legal Opinion
McKinstry v. Genser (In re Black Diamond Mining Co.)
District Court, E.D. Kentucky
Decided July 22, 2014No. Civil No. 13-125-ARTPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
AMUL R. THAPAR, District Judge.
Like the proverbial horseshoe nail, a single document could cost a party victory in a lawsuit. For this reason, courts must faithfully enforce discovery rules to deter abuses. Courts have broad authority to penalize those who flout the codes of conduct governing modern civil litigation as they see fit. How then should a court respond to allegations that a party destroyed documents they were supposed to turn over to their opponents? Should the wrongdoer be ordered to forfeit an issue? Should it be crippled with a fine? Or should it be…
2Cases cited16 opinions
- O'BRIEN v. Ed Donnelly Enterprises, Inc.Court of Appeals for the Sixth Circuit · 2009
- Vodusek v. Bayliner Marine Corp.Court of Appeals for the Fourth Circuit · 1995
- Kronisch v. United StatesCourt of Appeals for the Second Circuit · 1998
- Adkins v. WoleverCourt of Appeals for the Sixth Circuit · 2009
- Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
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3Cited by5 opinions
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- Loyer v. Michigan, Wayne CountyDistrict Court, E.D. Michigan · 2024
- Mid-America Apartment Communities, Inc. v. DOE-1District Court, W.D. Tennessee · 2024
- Withrow v. FCA US LLCDistrict Court, E.D. Michigan · 2023