Manny and Floyd can’t stop fighting. Recently, counsel for the promoter of Boxer Manny Pacquiao, Top Rank Inc., moved for another opportunity to depose an investment firm, as part of a $100 million antitrust lawsuit against the firm and Floyd Mayweather Jr.’s manager, saying its attorneys’ “obstructionist behavior” barred proper questioning. According to Top Rank, counsel for the deponent obstructed the proceeding by instructing the witness not to answer several questions and by failing to prepare the representative for the line of questioning Top Rank advised that it tended to pursue. The result, per Top Rank, was a “sham deposition”. This dispute highlights what may happen when a party engages in misconduct during a deposition.
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