Wednesday, October 4, 2023

Fairness demands reversal?

An unpub from 4/3 yesterday has this interesting intro:

The decision to reverse this case was difficult, but we must reverse it.  Simply stated, we have no confidence Urdu-speaking Syed Tahir or the Center for Religious Tolerance, Inc. (Defendants) were given the benefit of a fair trial or equal access to justice.  The record shows there were several contributing factors, some simply circumstantial, some created by trial tactics, and some arising from court error.  When viewed together, these factors deprived Defendants of effective counsel during discovery disputes, which resulted in a type of terminating sanction/default judgment that we cannot affirm.