April 7, 2010

Motion practice.

Practice point: The law of the case does not apply to discretionary rulings regarding case management.

Students should note that when defendant has produced some documents and is willing to continue production, the sanction of striking an answer is inappropriate.

Case: Allstate Ins. Co. v. Buziashvili, NU Slip Op 02479 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.