HMG: Wal-Mart Sanctioned For Discovery Abuse
CORPUS CHRISTI, Texas, Feb. 10, 2020 /PRNewswire/ -- A Texas trial court recently granted Plaintiffs' Motion for Sanctions for Discovery Abuse against Wal-Mart Stores Texas, LLC and Wal-Mart Real Estate Business Trust. Wal-Mart will pay $35,000 in sanctions for flagrant discovery abuses.
Attorneys Rudy Gonzales and Alex Hilliard of the Hilliard Martinez Gonzales Law Firm fought to obtain material and relevant documents from Wal-Mart in pending litigation in Nueces County. However, Wal-Mart deliberately withheld the relevant documents and engaged in an attempt to deny their existence. It was not until the attorneys filed a Motion to Compel Forensic Examination of Wal-Mart's Computers that Wal-Mart finally produced the documents in question.
"Had we not aggressively fought Wal-Mart for documents which we knew must exist, those documents would never have seen the light of day. It took the extraordinary measure of hiring a forensics expert and filing a Motion to Compel Forensic Examination of Wal-Mart's Computers before the relevant documents were "discovered" by Wal-Mart the following day," said attorney Rudy Gonzales.
Attorney Alex Hilliard stated, "Wal-Mart's actions unequivocally demonstrate a well-orchestrated campaign designed to bury evidence in an effort to derail Plaintiffs' carefully designed discovery program. Their "hide-and-seek" tactics illustrate Wal-Mart's pre-meditated attempt to abuse the discovery process by denying the existence of certain crucial and relevant evidence.
"Unfortunately, nefarious conduct is all too common in lawsuits in which Wal-Mart is a party. Wal-Mart has chosen extreme discovery abuse as a litigation strategy. This case is just another example in a rapidly growing list of Wal-Mart's egregious approach to discovery, a pattern that can no longer be ignored."
The case is: Robert Faircloth v. Wal-Mart Stores Texas, LLC, Wal-Mart Real Estate Business Trust, et. al., case number 4:18-cv-03127, in Nueces County Court at Law No. 4.
Read Order granting plaintiffs motion for sanctions Here