Abtrax Pharmaceuticals, Inc. v. Elkins-Sinn, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that evidentiary hearings are unnecessary where there has been extensive discovery and briefing sufficient to render \a fully informed determination of the underlying issue\
• recognizing the authority of trial judges over pretrial proceedings and their \inherent discretionary power to impose sanctions\
• finding that striking a pleading is appropriate where the discovery violation goes to the foundation of a claim
• recognizing under a trial court's inherent power, a dismissal with prejudice may be invoked as a discovery sanction where \'the order for discovery goes to the very foundation of the cause of action'\
• cautioning that “ ‘[s]mce dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no lesser sanction will suffice to erase the prejudice suffered by the non-delinquent party, or when the litigant rather than the attorney was at fault.’ ”
• noting appellate courts 12 A-3757-14T2 should not interfere with a trial court's sanction for discovery misconduct \unless an injustice appears to have been done\

Source: CourtListener parenthetical corpus (CC0).