The Tennessee Court of Appeals has released its opinion in Plofchan v. Hughey, No. M2021-00853-COA-R3-CV (Tenn. Ct. App. Jan. 5, 2023). The syllabus from the opinion reads:
A man sued his arresting officers and others. He claimed he was neither drunk nor violent when he was arrested and charged with public intoxication, resisting arrest, and assault on an officer. During discovery, the man claimed to have no communications between him and a companion that were not protected by attorney-client privilege or as work product. When such communications were uncovered, the defendants moved for sanctions and attorney’s fees. The trial court awarded attorney’s fees to the defendants and the companion. And it dismissed the case as a sanction. Discerning no abuse of discretion, we affirm.
Here is a link to the slip opinion: E-SIGNED-M2021-0853- COA-PLOFCHAN.pdf (tncourts.gov).
NOTE: This opinion offers a great discussion of discovery sanctions for pretrial discovery abuses, etc. It also notes that Tennessee does not recognize "motions to reconsider," slip. op. at 8. This is a must-read opinion for any Tennessee trial lawyer.
No comments:
Post a Comment