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Posted on August 4, 2010 by K&L Gates LLP

Defendant moved to dismiss plaintiff’s claims as a sanction for discovery violations.

 

This is a case many lawyers are likely to cite. In the zoning dispute involved in Adhi v. Twp. Of W. Pikeland, 2010 WL 1047894 (E.D. Pa. Mar. 16, 2010), Defendant alleged that the three e-mails produced by Defendant could not be the only responsive e-mails in Plaintiff’s possession. Plaintiff said that, even if more responsive e-mails had once existed, they had been deleted in the ordinary course of business.

 

Self-collection of discovery has a nice ring to clients’ ears.

 

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