Kmart Must Explain Missing Docs In Seating Case, Judge Says

Law360, New York (May 30, 2013, 6:35 PM EDT) -- A California federal judge on Tuesday ordered Kmart Corp. to explain its failure to produce certain documents during the first class action trial over California’s suitable seating requirement, saying the court is concerned the retailer may have "withheld" them. 

District Judge William Alsup gave Kmart until June 4 to trace "step-by-step" how the company and its attorneys searched for diagrams of alternative checkout-counter arrangements that had been sought by cashiers who sued the company in 2011 arguing that their workstations should have seats.

Kmart produced illustrations...
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Case Information

Case Title

Garvey v. Kmart Corporation

Case Number



California Northern

Nature of Suit

Labor: Other


William Alsup

Date Filed

May 27, 2011

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