LegalReader.com  ·  Legal News, Analysis, & Commentary

News & Politics

Alleged Discovery Abuses Lead to $500M Dismissal


— October 5, 2004

Can you say “malpractice”?

Because it delayed producing hundreds of thousands of documents in discovery, Mariner Health Care has lost its shot at hundreds of millions of dollars.

After a day-long hearing Thursday, Fulton County State Court Judge Susan B. Forsling imposed “the ultimate sanction” of dismissal with prejudice on the Atlanta-based health care company’s $500 million accounting fraud claim against PricewaterhouseCoopers.

“Given the magnitude of this case, this is an extremely difficult decision,” Forsling said, her voice straining with emotion as she announced her ruling to the courtroom. She went on to say she could not ignore the “overwhelming facts” that displayed Mariner’s “conscious indifference to the consequences of failure to comply” with her orders.

Ouch! Details here from the Fulton County Daily Report via Law.com.


Can you say “malpractice”?

Because it delayed producing hundreds of thousands of documents in discovery, Mariner Health Care has lost its shot at hundreds of millions of dollars.

After a day-long hearing Thursday, Fulton County State Court Judge Susan B. Forsling imposed “the ultimate sanction” of dismissal with prejudice on the Atlanta-based health care company’s $500 million accounting fraud claim against PricewaterhouseCoopers.

“Given the magnitude of this case, this is an extremely difficult decision,” Forsling said, her voice straining with emotion as she announced her ruling to the courtroom. She went on to say she could not ignore the “overwhelming facts” that displayed Mariner’s “conscious indifference to the consequences of failure to comply” with her orders.

Ouch! Details here from the Fulton County Daily Report via Law.com.

Join the conversation!