9th Circ. Says Judge Can't Nix Suit As Penalty For Late Filing

Law360 (February 10, 2020, 4:21 PM EST) -- A California federal judge abused his discretion by tossing a case involving a yogurt franchise dispute as a sanction after the franchisee was tardy filing a document, the Ninth Circuit ruled, saying he failed to consider a less "drastic" punishment.

Instead of tossing the case, U.S. District Judge Manuel L. Real could have struck the opposition briefs Cantran Group Inc. filed or given Cups LLC and several related entities more time to respond to them, an appellate court panel determined in a Friday ruling.

Judge Real abused his discretion because Cantran did not purposefully cause delays in the case and it...

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