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- Title
Discovery Sanctions as an Award.
- Authors
Carson, Liz
- Abstract
This section discusses the court's decision on the use of monetary sanctions as an award for discovery failures in the case Superadio v. Walt Baby Love Productions, which was filed in Massachusetts in 2004. The Massachusetts Court of Appeals of Massachusetts held that arbitrators may not issue monetary sanctions in the form of an award for discovery failures unless the parties so agree, since such awards are not authorized by the state arbitration act Superadio became the exclusive advertising sales agent for Baby Love's radio program, and its producer and exclusive distributor. The parties' agreement provided for arbitration under the arbitration rules of the American Arbitration Association of any disputes arising from the agreement. Superadio subsequently filed a demand for arbitration,claiming Baby Love withheld advertising revenue. Baby Love counterclaimed for ad revenue collected by Superadio but Superadio claimed those funds were a set-off against revenues it might prove at the arbitration hearing. At the arbitration, the panel ruled that Superadio had no right of set-off and ordered it to pay Baby Love the withheld funds. When Superadio failed to comply with Baby Love's repeated, specific requests for documents, the panel directed Superadio to comply by a certain date or be fined $1,000 per day until it complied or the hearing occurred,whichever came first. The panel found in favor of Baby Love. The court of appeals agreed with Superadio that the parties' agreement did not authorize this type of award.
- Subjects
MASSACHUSETTS; SUPERADIO LP; WALT Baby Love Productions (Company); ARBITRATION &; award; LEGAL sanctions; LEGAL judgments; ACTIONS &; defenses (Law)
- Publication
Dispute Resolution Journal, 2005, Vol 60, Issue 1, p105
- ISSN
1074-8105
- Publication type
Article