Attorney's Failure to Appear at Scheduling Conferences Leads to Dismissal With Prejudice

GALVESTON, Texas - A plaintiffs' attorney's failure to appear without notice at two scheduling conferences in a Baycol products liability case resulted in a federal judge's decision to dismiss the case with prejudice. Robert Lydic, et al. v. Bayer A.G., et al. No. G-03-468 (S.D. Texas, Galveston Div.).

U.S. District Judge Samuel B. Kent's Nov. 14 order stated that such sanctions are necessary to prevent other litigants from engaging in similar exercises.

'The Court would come to an utter standstill if each Court setting had to be set three times,' Judge Kent wrote. 'When attorneys do not appear at the …