“I have had enough!”
Clearly the Denver judges couldn’t take the fighting between the attorneys anymore. After months of discovery warfare, the judge issued an order that the bad actors (the Defendants) would be held liable for the wage claims, leaving only the amount of the damages award to be determined. Pinkstaff v. Black & Decker (U.S.) Inc, (No. 09SA19, June 29, 2009). The Supreme Court reversed, holding that the trial court had adopted the harshest sentence first, rather than trying less drastic sanctions for the behavior. As the Supreme Court explained, courts are - first and foremost - a place to try claims on the merits, not to punish bad actors by way of defaults. The matter now goes back to the trial court for further proceedings. I wonder what the trial judge will try next.
