Black Horse Lane Assoc., L.P. v. Dow Chemical Corporation

How courts have described this case

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

• holding that one who physically appears at a deposition may, notwithstanding the literal language of Rule 37(d), be sanctioned for a lack of cooperation tantamount to a failure to appear
• holding certification requirement does not apply to motion for sanctions for failing to attend a deposition
• determining that a plaintiff did not meet its burden to demonstrate the necessity of a response action because it \did not relate to any remedial or response action at the\ relevant site
• noting that a 30(b)(6) witness who is unable to give useful information is \no more present for the deposition than would be a deponent who physically appears for the deposition but sleeps through it.\
• \[P]roducing an unprepared witness is tantamount to a failure to appear that is sanctionable under Rule 37(d) of the Federal Rules of Civil Procedure.\
• “[P]roducing an unprepared 28 witness is tantamount to a failure to appear that is sanctionable under Rule 37(d)[.]”

Source: CourtListener parenthetical corpus (CC0).