Storage Tank Co. Fights Sanctions In Texas Fuel Spill Row

Law360, Dallas (December 4, 2012, 3:17 PM EST) -- Petroleum Solutions Inc. urged the Texas Supreme Court on Tuesday to reverse what the company called an excessive sanctions award levied against it by a trial court that blamed the company for destroying evidence of what caused a diesel spill.

PSI argued the discovery sanctions, which included striking its affirmative defenses, excluding evidence and giving a spoliation instruction to the jury, violated precedent set by the Supreme Court in 1991’s TransAmerican Natural Gas Corp. v. Powell because the sanctions weren’t directly tied to the offending conduct...
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