RECENT FEDERAL DECISIONS

June 2002

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Defendants Escape with Sanctions Sought because of Their Alleged Failure to Comply with Discovery Orders
Kara Holding Corp. v. Getty Petroleum Marketing, Inc.

In a soil and groundwater contamination case, a United States District Court denied plaintiff Kara Holding Corporation's (KHC) motion to strike the answer of defendants that was filed after defendants and their lawyers allegedly failed to comply with discovery orders misrepresented facts to the court. While the motion seeking terminating sanctions was denied, the court stated that "[a]ny future failure to comply may result in the type of harsh sanctions that plaintiff sought prematurely in this motion."