Tag Section 1983

It May Be an Abuse of Discretion to Grant Summary Judgment for a Defendant Before Deciding a Plaintiff’s Sanctions Motion, by Michael D. Berman, E-Discovery LLC.

It May Be an Abuse of Discretion to Grant Summary Judgment for a Defendant Before Deciding a Plaintiff’s Sanctions Motion

Michael D. Berman examines Smith v. Polk Co., where the court addressed two spoliation sanctions motions before granting summary judgment. Applying Shaw v. Foreman, the court recognized that a sanctions motion involving evidence significant to the merits may need to be resolved before summary judgment.

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