Dismissal not warranted as discovery sanction

Dominguez had “a series of mishaps during discovery” in his Jones Act case. The district court ultimately dismissed his claims, but the Fifth Circuit reversed in favor of a less severe sanction. The key discovery problem was Dominguez’s failure to attend an independent medical exam, but that exam was called for because of an opinion from a medical expert offered by Dominguezz. “[E]xcluding [the expert] from the proceedings would have eliminatedd the immediate cause of delay and any prejudice to [Defendant] without dismissing Dominguez’s underlying personal injury claims in their entirety.” Dominguez v. Crosby Tugs, LLC, No. 16-31239 (Aug. 1, 2017).

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