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Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-30517, 16-31044 · judgment September 11, 2017

Certiorari denied · February 20, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is the intentional failure to produce documents requested in discovery without objection and give complete answers to interrogatories without objection misconduct within the meaning of Fed.R.Civ.P. Rule 60(b)(3) if the responding party’s counsel interprets the request not to include the non-disclosed information? This case is the only known decision incorporating a mens rea evaluation of misconduct. The meaning of misconduct in Rule 60(b)(3) has never been addressed by this Court. Does the due diligence element of Fed.R.Civ.P. Rule 60(b)(2) require a motion to compel production of documents withheld without objection and/or a motion to compel answers to interrogatories incompletely or evasively answered without objection?

Counsel of record

For petitioner
James A. Rountree
Rountree Law Office

For respondent
Murray S. Levin
Pepper Hamilton, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 24 2018
    Waiver of right of respondent Medtronic Sofamor Danek, USA, Inc. to respond filed.
  4. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 22, 2018)