Supreme Court Upholds Dismissal As Penalty for Failure to Comply with Discovery
In Hoag v. Amex Insurance Company, (Del. Supr., July 21, 2008), read opinion here, the Delaware Supreme Court upheld the trial court's imposition of the penalty of dismissal of a complaint against a plaintiff that failed repeatedly to comply with orders compelling discovery of data that was key to the claims and defenses in the case. The Court recited in detail the multiple orders that the appellant simply failed to comply with depsite ample opportunity.
Delaware's High Court acknowledged the severity of the penalty but reasoned that it was warranted in light of the circumstances. The opinion includes "good quotable" language about the importance to the legal system of compliance with discovery obligations.
