Court Of Chancery Sanctions Litigant For Fabricating Evidence And Violating Orders In LLC Dispute
Posted In Sanctions
Sara Ensing v. Hans Ensing, C.A. No. 12591-VCS (Mar. 6, 2017)
This case involves the unfortunate deterioration of a marriage, as well as the couple’s winery venture, carried on through various LLCs. The decision illustrates the seriousness with which the Court of Chancery views the fabricating of evidence and the violations of its orders, including the status quo orders typically entered by the Court in control disputes. It also discusses interesting expert evidence on the subject of metadata used to prove the inauthenticity of certain electronic documents. In the end, the ill-behaving litigant was ordered to pay two-thirds of its adversary’s fees and expenses, as well as the expert witness fees and expenses.