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Court will consider whether discovery sanction that struck defendant’s pleadings was proper
Summary
In a contested civil case, the court heard arguments over a discovery-sanction order that stripped a defendant’s pleadings. Counsel asked the judge to vacate the sanction under Rule 60 and case law; the judge took the matter under advisement to review legal authorities and the record.
A Cheatham County judge took under advisement competing arguments about whether a discovery sanction that struck a defendant’s pleadings was legally justified and whether the sanction should be set aside under Rule 60 of the Tennessee Rules of Civil Procedure.
Counsel for the defendant, William Romkey, asked the court to vacate a May 2, 2024 order that struck his client’s pleadings as a discovery sanction. The defendant’s counsel argued at length that the sanctions order lacked the factual findings and proportionality analysis required by controlling authority (counsel cited appellate decisions including Asani, Mercer, and Adams in support) and…
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