A court's oversight of discovery.

Practice point: In the exercise of its broad discretion, the court may strike pleadings or parts of pleadings as a sanction against a party who refuses to obey an order for disclosure or willfully fails to disclose information which the court finds should have been disclosed.

Student note: The drastic remedy of striking a pleading is inappropriate, however, absent a clear showing that the failure to comply with discovery obligations was willful and contumacious.

Case: Liang v. Yi Jing Tan, NY Slip Op 06015 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Forum selection clauses and improper venue.