Post Process

Everything to do with E-discovery & ESI

Case Blurb: Plasse; Elements for dismissal of case as sanction, 1st Circuit

Posted by rjbiii on September 4, 2007

One potential basis for [dismissing an action] is a finding that a party has engaged in fraud on the court, that is, a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by unfairly hampering the presentation of the opposing party’s claim or defense. Plasse v. Tyco Electronics Corp., 2006 WL 2623441 (D. Mass. 2006) (citing Hull v. Municipality of San Juan, 356 F.3d 98, 102 (1st Cir. 2004)).
Dismissal is warranted:

  • Where a Π vigorously prosecutes a suit based upon a document he fabricated. Plasse, citing Aoude v. Mobil Oil Corp., 892 F.2d. 1115, 1118 (1st Cir. 1989).
  • Where a Π deliberately conceals evidence of prior injury in order to enhance damages. Plasse, citing Hull v. Municipality of San Juan, 356 F.3d 98, 102 (1st Cir. 2004).
  • Standard is clear and convincing. Plasse, citing Hull v. Municipality of San Juan, 356 F.3d 98, 102 (1st Cir. 2004).
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