Practice point: The court may determine that a pattern of noncompliance with discovery orders is so significant that the severe sanction of striking the answer is appropriate.
Students should note that a court need not issue a "last chance" warning or order before exercising its discretion to strike a pleading.
Case: Fish & Richardson, P.C. v. Schindler, NY Slip Op 04465 (1st Dept. 2010)
Here is the opinion.
Monday's issue: Products liability.
