American Bar Association

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.

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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