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Death Penalty Sanctions Vacated on Mandamus

Brett Kutnick, Jennifer Rangel Stagen, and Joseph Morris successfully represented Medtronic, Inc. in a petition for writ of mandamus seeking to set aside a death penalty sanction for Medtronic’s alleged improper contact with the opposing party’s consulting expert.  Following briefing, the Court of Appeals for the Tenth District of Texas in Waco held that (1) petition for writ of mandamus was not barred by laches, (2) Medtronic lacked an adequate remedy by appeal, and mandamus was thus an appropriate vehicle to challenge the trial court’ sanctions order, and (3) the trial court abused its discretion in imposing evidentiary sanctions against Medtronic.  The court thus conditionally granted the petition for writ of mandamus and directed the trial court to vacate its order granting sanctions for the alleged improper contact with the consulting expert.  In re Medtronic, Inc., No. 10-14-00077-CV, 2014 WL 2159555 (Tex. App.—Waco May 22, 2014, orig. proceeding) (mem. op.).