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Keep Calm and Carry on the Deposition

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The Court of Chancery of Delaware recently admonished an attorney for misconduct during a deposition that the court viewed as “endanger[ing] the administration of justice,” serving as an important reminder to keep one’s composure in check during contentious depositions.

Autoren: Brian P. Cadigan

In LendUS, LLC v. Goede, et al., the court recognized the “pressures and frustrations of practice” and that “none of our own eyes [are] timber-free.” No. CV 2018-0233-SG, 2018 WL 6498674, at *1 (Del. Ch. Dec. 10, 2018). Nevertheless, when “gamesmanship and incivility [become] a drag on justice” and affect the “ability to perform the core functions of a justice system,” the court must take action. Id.

There, plaintiff LendUS, LCC, a mortgage lender, sued former LendUS employees John Goede and John Schrenkel for breach of contract, breach of fiduciary duty, and tortious interference with contract. Id. at *2. Plaintiff alleged that defendants left LendUS, joined another mortgage lender, and then sought to recruit LendUS’s employees in violation of defendants’ contract with LendUS. Id. at *2, *3.

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