Supreme Court of New Mexico.
August 29, Rehearing Denied October 23, Bigbee, Santa Fe, James T. Paulantis, Albuquerque, Charles D. This is an appeal from a default judgment entered against General Atomic Company GAC in Santa Fe District Court for its alleged willful and bad faith failure to comply with the court's discovery orders. The facts are largely disputed and are extremely complex.
Although we begin with a general factual background arthur andersen case study summary of the proceedings below, additional factual details are contained in the separate discussions of the issues raised on appeal. United also contended that its performance under the contracts had been rendered commercially impracticable. GAC counterclaimed for actual and punitive damages for United's alleged violations of the New Mexico Antitrust Act, and abdersen specific performance of the two contracts, or alternatively, for damages of almost eight hundred million dollars.
The trial of this case began on October 31, It was terminated on March 2,when the trial judge entered a sanctions order and default judgment against GAC. The court found that GAC had exercised "the utmost bad faith in all stages of the discovery process. Click the following article hearing on damages followed, after which the court entered a final judgment, amended final judgment, and second amended final judgment. GAC appeals from the default judgment, arguing ten main grounds for reversal. We have consolidated these points in this opinion into the following five sections: 1 The propriety of anedrsen court's discovery orders; 2 GAC's non-compliance with those orders and the arthur andersen case study of the sanctions entered for noncompliance; 3 the court's failure arthur andersen case study disqualify United's counsel; 4 the trial judge's refusal to disqualify himself; and 5 the propriety of the remedies.
Before turning to the examination of the issues on appeal, we think it appropriate to comment on the conduct of all parties in these appellate proceedings. We have been faced with the difficult task of wading through an avalanche of motions and papers, much of which has done little to add to our understanding of this case or to expedite the ultimate resolution of sfudy.
Perhaps because of the longevity of this litigation, http://rectoria.unal.edu.co/uploads/tx_felogin/benjamin-franklin-s-theory-of-life-and/doped-youth.php acrimony which marked the proceedings in the trial court, or the monetary value of the judgment at stake, the over six hundred pages of appellate briefs filed, as well as the arguments of the attorneys in the hearings in this Court, have been filled with unnecessary "invectives, maledictions, and denunciations which we ignore. In addition to argument, the parties inserted other material from outside the record in these appendices, including a newspaper article and correspondence, contrary to the rules, N.
General Services Corp. Board of Com'rs, arthur andersen case study N. These we have also ignored.
Although the briefs of all three parties arthur andersen case study articulate forensic efforts, each, in one form or another, has failed to fully comply with the rules of this Court. Neither the significance of the issues involved nor the magnitude of the dollars at stake excuses noncompliance with those rules. We take this opportunity to serve warning on the bar that this Court fully expects compliance with its rules of procedure in general and its specific orders in particular, and will not hesitate to impose the sanctions provided for in N. Many entities have interacted to create the conditions from which this case arose.
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GAC's predecessor was at one time a wholly-owned subsidiary of Gulf. Therefore, an understanding of the issues on appeal must begin with a arthur andersen case study of Gulf's activities in the uranium market. InGulf entered the uranium business by purchasing a subsidiary arhtur General Dynamics known as General Atomic. General Atomic, which was a manufacturer of nuclear reactors, was renamed Gulf General Atomic and was operated as a subsidiary of Gulf located in San Diego, California.
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Gulf General Atomic became a part of Gulf Energy. Gulf Energy was the Gulf entity involved in the marketing of uranium and the manufacture of nuclear reactors. Gulf was the only manufacturer in the United States of high temperature gas cooled reactors. Beginning inGulf undertook the exploration and development of uranium ore bearing properties. One of Gulf's first substantial uranium discoveries was made in in the Rabbit Lake area of Canada. Gulf Minerals had administrative responsibility in the Gulf organization arthur andersen case study Gulf Canada's operations. The following chart outlines the organization, as ofof those aspects of Gulf's uranium business operations which are essential to an understanding of this case. Byit had acquired the Mt. Taylor reserves in Essay pneumonia Mexico, which contain the largest body of uranium ore in the United States.]