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Politics : Bill Clinton Scandal - SANITY CHECK
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To: jlallen who wrote (5120)9/23/1998 9:57:00 PM
From: dougjn  Read Replies (1) of 67261
 
You seem to be talking about barn yard justice.

<<Do you mean to say you are unaware of a case where a Judge disallowed a defense (even a meritorious one) in a case where a party abused discovery, affirmatively misrepresented facts to the Court, violated the orders of the Court or otherwise did not act with candor?>>

If you mean by all that, that a judge is likely to use his/her discretion to rule against the offending party in areas of evidentiary or other discretion, you are right. Certainly it will weigh in the judgement, depending upon the judge. If you mean that such abuses would lead a Federal Judge to rule on the entire case, by issuing a Summary Judgement, reversing a prior dismissal, even though the bad conduct went to areas wholly distinct legally and logically from the reasons the case was dismissed, you are wrong. Or if not wrong, that District Court Judge would be reversed at the Federal Court of Appeals level.

Doug
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