Skip to Content

Discovery Debate Prompts Mistrial In Don, Doff Suit

Posted: May 6, 2011
By: Carolina Bolado
Source: Law360
Practice Areas: Employment Law

A federal judge in Nebraska granted a mistrial Friday in a class action accusing Nebraska Beef Ltd. of not paying employees for time spent donning and doffing protective equipment after a question about discovery prompted the meat packer's attorneys to withdraw.

Lamson Dugan and Murray LLP asked to withdraw from the case on Tuesday, the second day of the trial, shortly after a question arose as to whether the meat-packing company had appropriately complied with discovery obligations when it failed to produce logs showing compliance with sanitization procedures, according to plaintiffs' attorney Todd Schneider.

U.S. District Judge Joseph F. Bataillon did not get a chance to rule either way on the discovery issue before Nebraska Beef's attorneys asked to withdraw, Schneider said. The plaintiffs plan to ask the judge to sanction Nebraska Beef by striking its answer and dismissing the case, he said.

View the full article here.