Monday, June 15, 2015
The ABA had an interesting article recently on sanctions for violating a pretrial order located here. In the case, a defense attorney apparently deliberately violated a pretrial order in a medical malpractice case to not discuss the plaintiff's history of smoking. As a result, the trial judge ordered a new trial and sanctioned the attorney for 1 million dollars. I am not sure what the amount was based on. Considering how complex and expensive medical malpractice cases are, this may have been the expected cost to get the experts back for trial along with a few weeks of lost income to the attorneys for having to do a retrial.