When Can a Doctor’s Note Excuse You From Sanctions?

http://ow.ly/8Bn7k

An article by Catherine Kiernan on the ELL Blog website.

This article discusses the case Bull v. UPS Inc., No. 10-4339 (3d Cir. Jan . 4, 2012).

In this case the plaintiff had presented a doctor's note seeking reinstatement to her job.  UPS had requested that the plaintiff produce the original letter, not a copy.  However, at trial it became clear that the plaintiff did possess the original doctor's notes, but was unaware that UPS had requested that her counsel produce the original.  The case was dismissed, and sanctions were awarded against the plaintiff.  The appeals court reversed, and ordered a new trial, stating that UPS had a burden to prove bad faith against the plaintiff, and that the facts did not support a finding of bad faith.

The article states, "Bull demonstrates that in an increasingly digitalized age counsel and judges need to be very clear with exactly what versions of documents they require and how much those different versions actually affect the fairness of a case. Because people are used to everything being saved on computers and most things easily reproducible online attorneys cannot assume that clients will keep actual “originals” in their possession and must communicate clearly with them and keep a immaculate record of exactly what is required."