Liberty Mutual Loses Bid For Sanctions Against Kmart

Law360, New York (November 4, 2010, 1:06 PM EDT) -- A federal judge has ruled that Liberty Mutual Fire Insurance Co. cannot claw back documents it inadvertently gave to Kmart Corp. during discovery in a personal injury coverage suit, and denied the insurer’s bid to sanction the retailer for allegedly misusing the documents.

On Tuesday, Magistrate Judge Susan E. Cox of the U.S. District Court for the Northern District of Illinois denied Liberty Mutual’s motion for a protective order concerning the documents, as well as a motion for sanctions.

Kmart is seeking coverage from Footstar Inc....
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Case Information

Case Title

Kmart Corporation v. Footstar, Inc.

Case Number



Illinois Northern

Nature of Suit

190(Contract: Other)


Honorable Susan E. Cox

Date Filed

June 15, 2009

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