· 6/10/2009
Garcia v. Berkshire Life Insurance Co. of America
Citations
- 569 F.3d 1174
- 2009 U.S. App. LEXIS 12503
- 2009 WL 1609364
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that when a party “wilfully submits false evidence, it imposes substantial burdens not only on the opposing party, but also on the judicial system itself”
- acknowledging that discovery abuses substantially prejudice the opposing party by “casting doubt on the veracity of all of the culpable party’s submissions throughout litigation . . . .”
- explaining that, “when a party willfully submits false evidence, it imposes substantial burdens not only on the opposing party, but also on the judicial system itself, as the extent and relevance of the fabrication are investigated”
- (holding that dismissal as a sanction was warranted for insured’s fabrication of discovery documents); Lee v. Max Int’l, LLC., 638 F.3d 1318, 1319 (10th Cir. 2011) (affirming dismissal of a case as a sanction for discovery violations
- affirming dismissal of plaintiff’s claims as sanction for abusive litigation practices, including fabrication and falsification of discovery documents, pursuant to court’s “inherent equitable powers”
- declining to address summary judgment order in light of affirmance of dismissal as a sanction for abusive litigation practices
Source: CourtListener parenthetical corpus (CC0).
Judges: O'brien, Anderson and McConnell, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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