Supreme Court of Arkansas

Lake Village Healthcare Center, LLC Perennial Health Care Management, LLC and James Santarsiero — Danielson, J…

May 24, 20122012 Ark. LEXIS 254

Summary

Justice Danielson concurred in affirming the order striking the defendants’ answers, reasoning that their failure to produce any responsive emails despite repeated opportunities and a compelling order independently justified the sanction. He concluded that the defendants showed burden and expense, but not impossibility, and that the circuit court did not abuse its discretion. Chief Justice Hannah, concurring, likewise supported affirmance but emphasized that striking pleadings is an extraordinary sanction justified here by the defendants’ blatant disregard of the court’s orders.