NEW LONDON TOBACCO MARKET v. KENTUCKY FUEL CORP.

No. 20-5565.

44 F.4th 393 (2022)

NEW LONDON TOBACCO MARKET, INC.; Fivemile Energy, LLC, Plaintiffs-Appellees, v. KENTUCKY FUEL CORPORATION; James C. Justice Companies, Inc., Defendants-Appellants, The Getty Law Group, PLLC; Richard A. Getty, Interested Parties.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2022.


Attorney(s) appearing for the Case

ARGUED: Thomas H. Dupree, Jr. , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellants. John A. Lucas , BROCK SHIPE KLENK PLC, Knoxville, Tennessee, for Appellees. ON BRIEF: Thomas H. Dupree, Jr. , Jacob T. Spencer , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellants. John A. Lucas , W. Edward Shipe , BROCK SHIPE KLENK PLC, Knoxville, Tennessee, Scott M. Webster , TOOMS, DUNAWAY & WEBSTER, London, Kentucky, for Appellees.

Before: BATCHELDER, STRANCH, and NALBANDIAN, Circuit Judges.


OPINION

By all accounts, this case involves discovery abuses and violations that are (thankfully) unusual in their frequency and mendacity. That conduct by Defendants resulted in the ultimate sanction—default judgment for the Plaintiffs. That judgment, however, is not this appeal's subject, the damages...

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