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Recently, in Kornbleuth v. Westover, the Supreme Court decided two interesting issues, one dealing with the responsibilities of counsel, and one – the subject of a prior editorial – with the law of trespass. The case involved a suit between two neighbors; the defendant had allegedly committed trespass by cutting down the plaintiffs’ live “bamboo fence” between the properties. The trial court imposed sanctions on plaintiffs’ counsel for declining to go forward with trial because his second chair and information technology assistant unexpectedly could not be present and he needed their assistance to use the electronic equipment needed to present plaintiffs’ case. The Supreme Court upheld the sanctions as a proper exercise of the trial court’s discretion.

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