United States Second Circuit

In case involving joint venture agreement to restructure a British manufacturer of alkaline fuel cells, default judgment dismissing plaintiff's complaint and granting defendants' counterclaims is reversed where the sanction of dismissal for noncompliance with discovery orders without findings or explanation from the district court supporting the sanction was an abuse of discretion

Appellate Information

• Decided 06/11/2007
• Published 06/11/2007

Judges

• WINTER, Circuit Judge., Before: WINTER, POOLER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric R. Levine (Stephen L. Weinstein, on the brief), Eiseman, Levine, Lehrhaupt & Kakoyiannis, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Robert M. Callagy (Aaron M. Zeisler, on the brief), Satterlee Stephens Burke & Burke LLP, New York, NY, for Defendant-Appellee.