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Re: value1008 post# 15845

Tuesday, 02/08/2011 9:06:50 PM

Tuesday, February 08, 2011 9:06:50 PM

Post# of 34471
I kinda think it would be malpractice not to bring them in. And when they don't show up for deposition, there will be a motion for sanctions such as striking their answer.

Since it's quasi-bus-relevant, here's an example-- I worked a case about nine years ago where the school bus company claimed in response to discovery they had no idea who drove the school bus on the day an adult boarded and assaulted the innocent children of tender years. Moved for sanctions and the judge ordered the answer from the school bus company stricken-- a very harsh but reasonable sanction. Same happens all the time when the drunk driver does not show up for deposition.

Here, (assuming a US rather than Chinese court of competent jurisdiction presides, and assuming adequate service, venue and all the civil procedure preliminaries) one wonders how any lawyer could present Andrew Left, Carson Block, Chimin Sang, yet unnamed cronies, for deposition (unless their lawyer(s) gives them very careful advice about the 5th Amendment. They may not show at all for what would be a very unpleasant proctological exam-- I would not miss it for all the tea in China-- and this could lead to their answer being stricken, leaving CCME with added leverage (i.e. pointing to the empty chair saying "they did it". (Maybe Kathy Block who will just "say" her husband did it on her computer, who knows...).

Bottom line is I predict CCME sues some folks.

-Andrew

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