Shcherbakovskiy v. Da Capo Al Fine, Ltd.

How courts have described this case

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

• holding that chairman and minority shareholder could not be compelled to produce company documents absent a finding that he had undisputed control of the board
• concluding that dismissal should not be imposed absent “willfulness, bad faith, or any fault” on the part of the party that failed to comply with its discovery obligations
• holding that “control” connotes “access and the practical ability” to obtain requested documents
• noting that “the severity of sanction must be commensurate with the non-compliance”
• a party is not required to produce documents not in its possession, custody or control
• “To meet this [fundamental error] standard, a party must demonstrate even more than is necessary to meet the plain error standard in a criminal trial.”

Source: CourtListener parenthetical corpus (CC0).