Peterman v. Herbalife International, Inc., 2010 MT 142

Summary

The Supreme Court of Montana reviewed the dismissal of David Peterman's breach-of-contract action against Herbalife as a discovery sanction. The court held that Peterman abused the discovery process by repeatedly promising to file and produce tax returns from 1998 onward, and that dismissal was within the district court's discretion under Montana Rule of Civil Procedure 37(b)(2)(C). The court affirmed the dismissal.

Holdings

1. Peterman failed to comply with the district court's discovery order because he repeatedly assured the court and Herbalife that he would file and produce the returns for 1998 onward, but failed to do so.
2. The district court did not abuse its discretion by dismissing Peterman's case as a sanction for discovery abuse.
3. The district court was not required to expressly warn Peterman before imposing dismissal as a discovery sanction.

Questions Presented

1. Whether the district court abused its discretion by dismissing Peterman's action as a sanction for discovery abuse.
2. Whether Peterman violated the district court's discovery order by failing to file and produce tax returns for 1998 onward.
3. Whether the district court was required to expressly warn Peterman that dismissal or another sanction could be imposed before dismissing the action.

Disposition

affirmed